Tribunal probing Judge Martin Muya recommends his removal from High Court over ‘gross misconduct’

Tribunal probing Judge Martin Muya recommends his removal from High Court over ‘gross misconduct’

The tribunal investigating the conduct of Justice Martin Muya has unanimously recommended his removal from the Office of Judge of the High Court of Kenya.

A statement from the Presidential Strategic Communications Unit (PSCU) said the tribunal’s unanimous finding was that the allegations of gross misconduct have been proven.

President Uhuru Kenyatta is said to have received the report on Friday and extended his gratitude to the members for dispensing with the matter expeditiously.

File image of High Court Judge Martin Muya during his swearing in ceremony. PHOTO | COURTESY
File image of High Court Judge Martin Muya. PHOTO | COURTESY

He also called for expedited consideration of the pending petitions with respect to Lady Justice Lucy Waithaka (Environment and Land Court) and Mr. Justice Njagi Marete (Employment and Labour Relations Court).

The Tribunal was chaired by Justice (Rtd.) Alnashir Visram.

Members were Lucy Kambuni (Vice- Chairperson), Justice (Rtd.) Festus Azangalala, Ambrose Weda, Andrew Bahati Mwamuye, Sylvia Wanjiku Muchiri and Amina Abdalla.

Others were Paul Nyamodi (Lead Assisting Counsel) and Stella Munyi (Assisting Counsel) as well as Peter Kariuki and Josiah Musili as Joint Secretaries.

The tribunal was initiated pursuant to a petition by the Judicial Service Commission (JSC) addressed to the President dated May 8, 2019.

It was then set up in line with the provisions of Article 168(5) of the Constitution of Kenya and on the provisions of Article 168, as read together with Articles 10, 73(1)(a), (b), 75(1) and (2) of the Constitution of Kenya.

In May last year, the JSC asked President Uhuru Kenyatta to form a tribunal to investigate the conduct of the three judges accused of gross misconduct.

Chief Justice David Maraga said it was satisfied that petitions filed against them raised serious integrity issues that warrant their removal.

Justice Muya was accused of bias, abuse of office, incompetency and gross misconduct in the manner he handled a case where NIC bank had been sued by two petitioners.

His counterpart Justice Marete was accused of gross misconduct, bias, impartiality and breach of the Constitution in a petition filed by Kenya Tea Growers Association (KTGA), Unilever, Siret and five others at the Kericho Employment & Labour Relations Court.

For Justice Lucy Waithaka, she was accused of impropriety for issuing two conflicting judgments over the same matter.

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