JUDGE MUYA BACK IN OFFICE AFTER THREE-YEAR SUSPENSION.

0
1425
High Court Judge Martin Muya who has been reinstated by Supreme Court.

BY SAM ALFAN.

The Supreme Court has reinstated the embattled High court judge Martin Muya after staring at a sack and staying on suspension for about three years.

A bench of five judges led by Justice Mohammed Ibrahim said delay in giving reasons in a ruling for five months does not amount to gross misconduct.

The judges ruled that it was not proved that NCBA, the complainant in the matter, lost Sh76 million as claimed.

“Obviously, the Bank encountered inconvenience and even some irritation by that decision, but no loss or prejudice was shown,” Justices Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaona and William Ouko said.

A tribunal chaired by retired appellate Judge Alnashir Visram had recommended the removal of Justice Muya in a report presented to President Kenyatta on March 17, 2020.

Other members of the tribunal were retired High Court Judge Festus Azangalala, Senior Counsel Lucy Kambuni, lawyers Ambrose Weda and Andrew Bahati Mwamuye. Also in the team were Sylvia Wanjiku Muchiri and Amina Abdalla.

High court judge Martin Muya lawyer Philip Nyachoti during the hearing of the petition challenging Tribunal recommendation.

The Supreme Court said although the Tribunal has wide powers in the process of investigating any of the grounds for removal of a judge, it acted in excess of its mandate.

This is because it considered issues pending determination in the High Court or introducing matters that were not before Justice Muya when he made the decision in 2017.

“The Tribunal’s recommendation to the President to remove the Petitioner from office under Article 168(7)(b) of the Constitution is likewise set aside”,  the Supreme Court ruled.

Justice Muya moved to the Supreme Court through lawyer Philip Nyachoti seeking to quash the decision of the tribunal, saying the decision was wrong.

Nyachoti told the judges of the Supreme Court there is no evidence at all to suggest or disclose any gross misbehavior or misconduct on the part of the Judge Muya.

 “We urge the court to set aside the Tribunal’s report dated March 17, 2020 to President Uhuru Kenyatta recommending the removal of Justice Muya from office and thereby exonerate him of all the allegations and make appropriate order in the circumstances,” lawyer Nyachoti submitted during the hearing.

He added that allegations of gross misconduct and misbehavior against Justice Muya were not substantiated at all and indeed lacked sufficient gravity to warrant or justify removal from office.

“Tribunal erred in law and in fact by finding that the JSC’s proceedings, and the consequent Report, Findings and Recommendation of the JSC met the required procedural threshold and safeguards applicable to that forum in respect of the Appellant and finding that the delay in the Appellant giving reasons for his Ruling dated May 30, 2017 was unjustifiable and inordinate and that the reasons given by the Appellant for the delay were neither sufficient nor credible or justifiable”, Nyachoti submit. 

He accused the tribunal for deviating from and failing to apply the correct standard of proof.

Two complaints were lodged against the judge before the Judicial Service Commission. The first complaint was raised by Onyikwa and Company Advocates on behalf of NCBA bank .

They accused the judge of mishandling a case between the lender and Alfred Kipkorir Mutai and Kipsigis Stores Limited.

The second complaint was filed by the firm of Mukite Musangi & Company Advocates on behalf of their client, Kenya Commercial Bank which arose from the matter between Alfred Kipkorir Mutai & Kipsigis Stores and KCB.

In both complaints, the judge was accused of taking “more than” five months to give reasons for the ruling delivered on 30th May 2017.

It was also alleged that by directing the said ruling that the status quo be maintained, the judge caused a great financial loss to NIC Bank in the sum of Sh76,159,411.

SHARE
Previous articleAGENT CHARGED WITH STEALING MILLIONS FROM EMPLOYER.
Next articleACTIVIST SEEKS TO RE-OPEN MURDER OF TWO PEOPLE LINKED TO SENATOR LINTURI.
Nairobi Times, Your Story, Our Story. www.nairobitimez.co.ke is a prime product of Sovereign Media Network, a company registered and incorporated in Kenya under the Companies Act of 2015. Nairobi Times owes its existence to apposite journalism of truth, accuracy, objectivity and balanced presentation of stories in a credible and honest way. Nairobi Times practices real journalism of the real story, told in a real way by a real journalist. contact us via nairobitimeznews@gmail.com ©NairobiTimez.co.ke.

LEAVE A REPLY