High Court Orders JSC To Fast Track Suspended Judge Muya’s Application Over Gross Misconduct

by Mahakamani News
judge  Justice Martin Muya

High court  has directed the Judicial Service Commission, to respond to  a petition  filed by suspended  judge  Justice Martin Muya enable the  court fast track the urgent application.

Justice  Weldon Korir, said he has looked at the  application and he has established that the aggrieved judge as an arguable case.

The judge told the suspended judge lawyer Philip Nyachoti, that the  court  cannot  issue the  conservatory order before  seeing the response from  JSC whose report  and recommendation are being challenged.

Justice Muya in his petition, he seeks stay of the report and findings of JSC dated May 8 recommending that the  report be presented to the President  to  appoint a tribunal to investigate into his conduct on  allegations  of gross misconduct.

The tribunal according to the  findings of JSC is to look into misbehavior, breach of the constitution, judicial code of conduct and  ethnics pursuant to the  complaint lodged by the law firm of Onynkwa and company advocates  on 17 August 2017 on behalf of NIC bank limited.

Lawyer Nyachoti  told the court that the presentation of the petition and subsequent appointment of the tribunal can take effect any  time now hence the  urgency of the  the application for conservatory orders.

He said the report and recommendation were  not made  available to the judge  until it was published in the media followed by several demands and the applicant was unable to file the suit timely.

The  judge  is aggrieved with  the report and recommendation on grounds  that the JSC exceeded its  jurisdiction by delving to the  merits of the  ruling the  subject of the complaint thereby usurping the appellate power that is contrary to the law and arrived  at  an illogical, irrational, unreasonable and erroneous conclusion.

Lawyer Nyachoti argued that the reports fundamentally flawed and incurably defective and wanting in validity as the  commissioners made reference to several issues that are separately to the  complaint.

The judge was not given a fair hearing by JSC  this will come out clearly  during  proceeding of the petition.

The matter will be heard on June 10 for further direction.

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