JSC wants Judge Muya case referred to Employment and Labour Relations Court


JSC wants Judge Muya case referred to Employment and Labour Relations Court
Embattled High Court Judge Martin Muya during a past court appearance. PHOTO | COURTESY

In Summary

  • This application was, however, on Monday opposed by lawyer Phillip Nyachoti representing Justice Muya.
  • Nyachoti claimed referring the case 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 Labour Relations Court through the Attorney General.

The Judicial Service Commission (JSC) now wants a case filed by Justice Martin Muya referred to the Employment and Labour Relations Court saying the constitutional division has no jurisdiction to hear it.

This application was, however, on Monday opposed by lawyer Phillip Nyachoti representing Justice Muya.

Nyachoti claimed referring the case 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 Labour Relations Court through the Attorney General.

“On the issue of jurisdiction of the High Court to hear and determine the petition hearing, we submit that the procedure under Act 168(1) for removal is not in respect of an employer and employee relationship, more so since the committee’s report and recommendations do not substantively interfere with employment or otherwise of the petitioner,” read court papers.

The judge asked the court to dismiss the preliminary objection on jurisdiction filed by the commission.

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

Through his lawyer, the embattled judge faulted the JSC recommendation saying it was “fundamentally flawed, fatally and incurably defective and therefore wanting in validity and reliability.”

Lawyer Nyachoti further argued that Judge Muya 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.

Muya further seeks an order declaring the tribunal formed by President Uhuru Kenyatta invalid.

The matter will be heard on July 4, 2019.

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