Fired judge Muya taps senior lawyers to defend Bench job

Friday, October 9th, 2020 00:00 |
Sacked High Court judge Martin Muya.

Sacked High Court judge Martin Muya has picked veteran lawyers Fred Ngatia and Philip Nyachoti to help him get back his judiciary job.

The aggrieved Judge yesterday when appearing before Supreme Court Deputy Registrar, Daniel ole Keiwua explained that he appointed the two lawyers to prosecute the appeal where he is challenging the adverse findings pronounced against him on March 17 by the seven-member judicial tribunal, chaired by retired Appellate Judge Alnashir Visram.  

The tribunal comprised of Visram, retired High Court Judge Festus Azangalala, Senior Counsel Lucy Kambuni, lawyers Ambrose Weda and Andrew Bahati Mwamuye and members Sylvia Wanjiku Muchiri and Amina Abdalla.  

However the Registrar directed the parties to appear in court for mention on October 15 for further directions before the file is forwarded to Chief Justice David Maraga. 

State Attorney Martin Munene has since said the tribunal will not file any further grounds of opposition in the matter.

This is after Muya in April this year petitioned the Supreme Court seeking to challenge his impending removal from office for alleged gross misconduct.

The Judge is aggrieved by the recommendations of the seven-member tribunal that  presented its final report to President Uhuru Kenyatta on March 20 at State House in Nairobi, effectively sealing the fate of the long-serving judicial officer, who rose through the ranks from the magistracy.

The tribunal concluded that Justice Muya was guilty of gross misconduct by his delay in delivering reasons for his ruling dated May 30, 2017 in a commercial dispute while sitting in Bomet.

But the Judge had justified his professional handling of the civil suit, in which his decision has never been challenged in the Court of Appeal.

 He is dissatisfied with the decision of the tribunal formed by the president investigate him. 

The complaints against  Muya were first investigated by a Judicial Service Commission  committee chaired by Prof Olive Mugenda.

The other members were Deputy Chief Justice Philomena Mwilu, Emily Ominde and Patrick Gichohi.

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