Judge Martin Muya sues JSC to stop formation of tribunal to probe his conduct

Judge Martin Muya has sought court orders to stop a probe into his conduct.

He is one of the three judges accused of misconduct. The others are justices DK Marete and Lucy Waithaka. Complaints against them include incompetence, bias, impropriety and professional misconduct. 

The Judicial Service Commission had recommended the formation of a tribunal to investigate them. They face the sack should they be found guilty. But Muya wants no tribunal formed or investigations carried out. Also sought is an order to declare any tribunal formed by President Uhuru Kenyatta invalid.

He has faulted the JSC recommendation, saying it is highly biased, suspicious and questionable, and violated his constitutional rights.

Muya is accused of issuing a temporary order that led to the loss of Sh76 million by the NIC Bank. The order was in place for five months. He was also accused of inordinately delaying his decision in another case.

He, however, questions why the commission only considered one complaint about a delayed ruling, yet there had been two and he provided similar reasons for his actions in both.

He said the delay was prompted by a huge workload, having been the only judge at his workstation and having had to serve Kericho and Bomet.

The judge says the JSC constantly disregarded his right to fair administrative action during the hearings of the complaint against him. He was constrained to make his defence on factual matters relating to both cases because he did not have access to requisite files, he said.

Muya says the cases against him do not meet the threshold for removal of a sitting judge. He adds that the commission went beyond its mandate and convicted him. Even if the bank was aggrieved by his order, it had the right to appeal and have the same vacated to avert the reported loss, he says.

(Edited by F'orieny)