• JSC recommended formation of a tribunal to probe Muya's conduct.
• A complaint had been lodged against Muya for professional misconduct.
Three lawyers have written to the Judicial Service Commission seeking a copy of a recommendation for the formation of a tribunal to investigate judge Martin Muya.
Philip Nyachoti, Anthony Kinuthia and Claire Wanjiku wrote two letters on May 14 and 21, giving the JSC 48 hours to avail the proceedings, failure to which they will commence a legal proceeding against it.
The JSC recommended President Uhuru Kenyatta to form a tribunal to investigate the conduct of Muya as a result of complaints lodged against him in relation to a case in Bomet High Court.
“We have firm instructions to commence the requisite legal proceedings against JSC to protect our client’s interests without further reference to the commission whatsoever. We shall hold the commission liable to costs incurred and other consequences,” Nyachoti said.
He said they have been instructed that during the proceedings relating to the complaint, JSC indicated that it had the court files even though they were not availed to their client.
“Our efforts to access the files at the Bomet High Court registry have been unsuccessful," Nyachoti said.
The lawyers said they have instructions to request for the files as Muya's counsel.
They claim Muya has never been served with the commission’s decision.
“We trust that you are very well aware that under Article 47 of the Constitution, our client is entitled to the decision without any delay."