'GUILTY OF BIAS'

Judge Muya to appeal tribunal's ruling to sack him

He was found culpable of gross misconduct in handling petition against NIC bank

In Summary

• Tribunal said allegations against judge had been proved before presenting its report to President Kenyatta. 

• While recommending probe, JSC said after numerous adjournments, the judge granted an injunction and reserved his reasons for five months. 

High Court's Justice Martin Muya.
ACCUSED OF GROSS MISCONDUCT: High Court's Justice Martin Muya.
Image: FILE

High Court judge Martin Muya has filed a notice of appeal against his removal from office at the Supreme Court. 

Muya, through lawyer Philip Nyachoti, says he is aggrieved by the findings of the tribunal chaired by retired Court of Appeal judge Alnashir Visram. 

“I intend to appeal the decision that I was guilty of gross misconduct with regards to a delay in the verdict in a case in Bomet,” he says. 

The tribunal had on March 20 unanimously ruled that the allegations against the judge had been proved. Its report will be presented to President Uhuru Kenyatta.

Muya was accused of bias, abuse of office, incompetency and gross misconduct in the manner he handled a case in which NIC bank had been sued by  Alfred Kipkorir Mutai and Kipsigis Stores. 

While recommending Muya's probe, the Judicial Service Commission said after numerous adjournments, the judge had granted an injunction and reserved his reasons for five months. 

This, the JSC said, was despite pleas by the bank that the vehicles used as securities were being sold, occasioning the lender losses. 

According to JSC, the petition had disclosed bias, abuse of office, incompetence and gross misconduct in the manner in which the judge handled the matter.

Attempts by Muya to stop the probe on grounds he had not been served with the complaint were rejected by the court. 

The tribunal is also investigating complaints against Justice Lucy Waithaka of the High Court and Justice D.K. Njagi Marete of the Employment and Labour Relations Court.

The two are accused of gross misconduct and breach of the Constitution. 

 

Edited by R.Wamochie