A panel chaired by retired Court of Appeal Judge, Alnashir Visram, Friday recommended the dismissal of High Court Judge Martin Muya in a unanimous report submitted to President Uhuru Kenyatta at State House Nairobi.
The tribunal was initiated in May last year following a petition by the Judicial Service Commission- JSC.
The JSC in the petition asked the President to initiate a tribunal to remove three judges, Muya being among them. The other two are Justice D.K. Njagi Marete and Lady Justice Lucy Waithaka.
The Visram-led tribunal, initiated pursuant to a Petition by the JSC addressed to the President on May 8, 2019, investigated alleged gross misconduct on the part of Justice Muya.
The team was established under Article 168(5) of the Constitution and founded on the provisions of Article 168, as read together with Articles 10, 73(1)(a), (b), 75(1) and (2).
The unanimous finding of the Tribunal was that the allegations against the Judge have been proven. Accordingly, the Tribunal unanimously recommended the removal of the Hon. Justice Martin Mati Muya from the Office of Judge of the High Court of Kenya.
The Tribunal’s membership included: Lucy Kambuni (Vice- Chairperson), Justice (Rtd.) Festus Azangalala, Ambrose Weda, Andrew Bahati Mwamuye, Sylvia Wanjiku Muchiri and Amina Abdalla. Others were Paul Nyamodi (Lead Assisting Counsel) and Stella Munyi (Assisting Counsel) as well as Peter Kariuki and Josiah Musili as Joint Secretaries.
President Kenyatta extended his gratitude to the Tribunal for dispensing with the matter expeditiously and called for expedited consideration of the pending Petitions with respect to Lady Justice Lucy Waithaka (Environment and Land Court) and Justice Njagi Marete (Employment and Labour Relations Court).
Justice Muya was accused of bias, abuse of office, incompetency and gross misconduct in the manner he handled a case where NIC bank had been sued by two petitioners.
“The petition against the Hon. Justice Martin Mati Muya was filed by NIC Bank which was the defendant in Bomet HCCC No. 4 of 2016 Alfred Kipkorir Mutai & Kipsigis Stores Ltd -Vs- NIC Bank Limited.
“In that case, the Hon Judge, after numerous adjournments, granted an injunction and reserved the reasons thereof for a period of 5 months. This was in total disregard of the pleas by the NIC Bank that the motor vehicles that had been given to it as security were being sold and were eventually sold thus occasioning loss to the bank,” read the statement.