Lawyer demands copy of JSC note to Uhuru over Muya tribunal

A lawyer has threatened to sue the JSC if it does not give him a copy of the recommendation to form a tribunal to investigate Judge Martin Muya's conduct.

Philip Nyachoti says he will commence legal proceedings against the judges' and magistrates' employer if a response to his two letters dated May 14 and May 21 is not received in the next 48 hours.

The letters are in respect of the Justice Service Commission recommendation to President Uhuru Kenyatta to form a tribunal to investigate the conduct of Judge Muya following complaints against him over a case in the High Court at Bomet.

“Unless we have a positive response from the commission within 48 hours, we have firm instructions to commence the requisite legal proceedings against it,” said Nyachoti.

During the proceedings before the JSC relating to the complaint against the judge, the commission indicated that it had court files and proceedings of cases even though the same were not available to the judge during the said hearing.

“Our efforts to access the said files at the Bomet High Court registry have been unsuccessful since the same are not available," said Nyachoti.

He wants the JSC to make available the files to enable him to advise his client accordingly.

Nyachoti says that the judge has never been served with the commission’s decision and the reasons in respect to cases Alfred Kipkorir Mutai and another-vs KCB Limited of 2016  and Alfred Kipkorir Mutai vs NIC Bank Limited 2016.

“We trust that you are very well aware that under article 47 of the Constitution of Kenya on fair administrative action, our client is entitled to the commission’s decision without any delay," Nyachoti said.

The lawyer also wants a copy of that decision from JSC and all the Hansard recordings of all the proceedings.