High Court Judge Muya threatens to sue JSC over his removal from office


High Court Judge Muya threatens to sue JSC over his removal from office
Embattled High Court Judge Martin Muya during a past court appearance. PHOTO | COURTESY

In Summary

  • The judge, through lawyer Phillip Nyachoti, threatened to sue the commission if he is not served with the documents within 48 hours.
  • According to the judge, he has never been personally served with the commission decision on the matter save for the media statement issued by JSC.

High Court Judge Martin Muya on Tuesday wrote to the Judicial Service Commission (JSC) seeking to be formally served with the report that recommended his removal from office.

The judge, through lawyer Phillip Nyachoti, threatened to sue the commission if he is not served with the documents within 48 hours.

According to the judge, he has never been personally served with the commission decision on the matter save for the media statement issued by JSC.

“Our efforts to access the said files at the Bomet High Court Registry have been unsuccessful since the same are not available, as such we have instructions to request that you avail the said files to the said registry to enable us pursue the same in our capacity as counsel for the learned judge to enable us advise him accordingly,” said lawyer Nyachoti.

Mr. Nyanchoti, in the letter dated May 21, said the judge is entitled to a commission’s decision without any unreasonable delay under the constitution, adding that JSC’s deliberate failure to do so is not justified at all.

Last week JSC recommended that a tribunal be formed to investigate Justice Muya’s conduct; he is accused of bias, abuse of office, incompetency and gross misconduct over his handling of a case where NIC bank had been sued by two petitioners.

“In that case, the honourable Judge, after numerous adjournments, granted an injunction and reserved the reasons thereof for a period of 5 months,” said JSC in a statement.

“This was in total disregard of the pleas by the NIC Bank that the motor vehicles that had been given to it as security were being sold and were eventually sold thus occasioning loss to the bank.”

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