Justice Njagi Marete reinstated after Tribunal dismisses misconduct claims
Justice Njagi Marete has been reinstated as Labour Court Judge after a tribunal dismissed misconduct allegations raised against him.
According to the tribunal, the allegations were not proved and therefore Justice Marete ought not to be removed from office.
“We find no merit in the allegation against the judge. The tribunal is sympathetic but the losses occasioned to the employers can’t be attributed to the judge. The judge did not contravene the judicial code of conduct,” the tribunal said on Tuesday.
The complaint against Justice Marete was filed by Kenya Tea Growers Association in a matter involving the Kenya Plantations and Agricultural Workers Union and other parties.
It was alleged that he handled two matters involving the parties.
The union further claimed that though Justice Marete was aware that the case had been handled by another judge, he went ahead and issued orders which had the effect of setting aside the orders of a fellow judge.
In their view, the judge should not have handled the matter as there were other suits pending at a Nairobi court and there were orders that had been issued.
The parties argued that his orders were unfair and they continued to suffer due to the decision of the judge.
The Chief Justice later forwarded the Judicial Service Commission petition, recommending the suspension of the judge and formation a tribunal.
On May 24, 2019, the judge filed a case seeking to stop the tribunal from probing him, a move which was dismissed by the court.
18 witnesses were called whereas the judge called out 6 witnesses to defend him.
On Tuesday, the Tribunal said it had found that the judge in issuing the ex-parte orders in the Kericho case did not violate the law.
“The manner in which he handled the Kericho suit was not biased. The ex-parte orders did not contradict the orders the case in Nairobi case,” the Tribunal said.
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