High Court directs JSC to respond to Judge Martin Muya petition

The High Court on Thursday directed the Judicial Service Commission (JSC) to file its response to a case filed by embattled Judge Martin Muya.

Justice Muya is challenging a JSC decision to remove him from office and recommend the formation of a tribunal to investigate his conduct.

While giving the directive, High Court Judge Weldon Korir said Justice Muya had raised arguable issues in the case that need to be addressed by the court.

The judge also directed that the matter be heard inter-party on June 10, 2019, before issuing a ruling on whether or not the court will suspend the tribunal.

During the Thursday mention of the case, JSC claimed that it had not been served the said petition by Justice Muya and requested for 14 days to respond.

Justice Muya, however, through his lawyer Philip Nyachoti, told the court that the commission had declined service of the said petition.

In the case, the judge faulted the JSC recommendation saying it was “fundamentally flawed, fatally and incurably defective and therefore wanting in validity and reliability.”

He further argued that he was not accorded a fair hearing by the commission as enshrined in the constitution and that the report should therefore be quashed.

“The entire decision and the entire proceedings as demonstrated were marred with outright bias on the part of the JSC to the detriment of the petitioner,” reads court papers.

He wants no tribunal formed or investigations carried out, and is further seeking an order declaring any tribunal formed by President Uhuru Kenyatta invalid.