It is the court's view that the Tribubal should be allowed to exercise its mandate and proceed to investigate judge Muya.
Image: FILE
Embattled High Court judge Martin Muya will have to face a tribunal that is probing his conduct.
The Labor Court allowed the tribunal to investigate the conduct of Muya as was requested by Judicial Service Commission.
In a judgment delivered on Friday by Justice Maureen Onyango, the court ruled that JSC was conducting its function in accordance with the Constitution when it requested President Uhuru Kenyatta to constitute a tribunal to probe the judge.
“It is the tribunal that will decide if the grounds raised amount to the removal of a judge or not,” Onyango ruled.
The court held that JSC did not violate Muya’s right to a fair hearing because he was given time to respond to the allegations leveled against him.
Onyango said Muya cannot change his mind and say the hearing was not fair when he was given a chance to defend himself.
“I agree with JSC that it has no further role in the matter and the tribunal should now be in charge."
She directed that the tribunal be allowed to carry out its mandate and proceed to investigate Muya.
Muya had sued JSC for asking Uhuru to set up a tribunal to investigate him over alleged gross misconduct.
He argued that he was not accorded a fair hearing and a right to fair administrative action before he was removed from office.
“The report that JSC relied on to remove me from office is full of inconsistencies and could not warrant my removal from office,” he said.
The faulted the JSC recommendation, saying it was fundamentally flawed, fatally and incurably defective and therefore wanting in validity and reliability.
Through his lawyer Phillip Nyachoti, Muya had earlier opposed a bid to transfer his case to the Labour Court claiming the move would result into bringing the President as a party to the case and, with him not being the employer of the judge, cannot be sued in an Employment and Labor Relations Court through the Attorney General.