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Judge Muya files case to block tribunal on his conduct

Justice Martin Mati Muya has under a certificate of urgency moved to the high court to stop the implementation of the May 8 finding accusing the JSC of usurping its mandate/file

NAIROBI, Kenya, May 27 – A judge is seeking a stay order against a recommendation by the Judicial Service Committee (JSC) to probe his conduct.

Justice Martin Mati Muya has under a certificate of urgency moved to the high court to stop the implementation of the May 8 finding accusing the JSC of usurping its mandate.

Through lawyer Phillip Nyachoti justice Muya, a resident judge at Bomet claims that the report is fundamentally flawed, fatally and incurably defective.

He also faulted the JSC for not availing the report to him immediately and had to learn of it from the media.
The recommendation by the JSC arose out of a case he allegedly mishandled while he was a judge at the Kericho High Court Station.

But the judicial officer insists he presided over the legal dispute at the Bomet Station.

“This clearly confirms that JSC did not have the benefit in ascertaining the veracity, correctness and accuracy of the status of the relevant proceedings in arriving at its decision,” justice Muya stated in his sworn affidavit.

He implored the court to suspend implementation of the resolution arguing he stands to suffer irreparably if the Tribunal is formed before the court determines the petition.

Muya claims that the entire proceedings demonstrated bias on the part of JSC to his detriment.

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