Tribunal finds Judge Martin Muya guilty of misconduct


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A tribunal appointed to investigate High Court judge Martin Muya Friday recommended his removal over gross misconduct.

The tribunal, chaired by retired judge of the Court of Appeal Alnashir Visram said in a unanimous decision that the allegations against the judge had been proved.

The tribunal later presented its report to President Uhuru Kenyatta.

The complaint against the judge was filed by NIC Bank, a party that was the defendant in a matter before the High Court in Bomet and Alfred Kipkorir Mutai and Kipsigis stores.

While recommending for his probe, Judicial Service Commission chaired by Chief Justice David Maraga, said after numerous adjournments, the judge granted an injunction and reserved his reasons for a period of five months.

This, he said, was despite pleas by the bank that the vehicles, which was part of security were being sold occasioning the lender loss.


According to JSC, the petition had disclosed bias, abuse of office, incompetence and gross misconduct in the manner in which the Judge handled the matter.

Attempts by the Judge to stop the probe arguing that he had not been served with the complaint was rejected by the court. He eventually faced the tribunal.

The tribunal is also investigating complaints against High Court judge Lucy Waithaka and Justice DK Njagi Marete of the Labour court. The two are facing accusations of gross misconduct and breach of the Constitution.

This is the second time Justice Muya is facing similar tribulations. In 2003, he was among 83 magistrates sent home in the famous radical surgery chaired by Justice Aaron Ringera.

His name was, however, removed from the list later and he was appointed a judge after he successfully applied for the job.

“The unanimous finding of the Tribunal was that the allegations against the Judge have been proven. Accordingly, the Tribunal unanimously recommended the removal of Hon Mr Justice Martin Mati Muya from office of a judge of the High Court,” a statement from Presidential Service Communication Unit said.

The Judge now has ten days within which to appeal against the decision, before the Supreme Court but if the days lapsed without filing the appeal, the recommendations of the tribunal stands.

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