Embattled High Court Judge, Martin Muya, has moved to the Supreme Court challenging his dismissal from office over allegations of gross misconduct.
A tribunal that was chaired by retired Appellate Judge Alnashir Visram concluded that Justice Muya was guilty of gross misconduct by his delay in delivering reasons for his ruling dated May 30, 2017, in a civil suit while sitting in Bomet.
But through his lawyer Philip Nyachoti, Muya stated that he is dissatisfied with the decision of the tribunal formed by president Uhuru Kenyatta to investigate him.
Justice Muya says that the tribunal erred in law by deviating from and failing to apply the correct standard of proof and the burden and or onus of proof required in the proceedings of a tribunal established under Article 168(5) of the constitution of the Republic of Kenya.
"Tribunal overall erred in law by making hasty and lopsided evaluations of the evidence adduced before it, thereby arriving at wrong conclusions findings and recommendations," said Muya.
The tribunal constituted by the President comprised of Justice Visram, retired High Court Judge Festus Azangalala, Senior Counsel Lucy Kambuni, lawyers Amrose Weds and Andrew Bahati Mwamuye and members Sylvia Wanjiku Muchiri and Amina Abdalla and assisted by counsel Paul Nyamodi, who was deputised by Senior State Attorney Stella Munyi.
The probe was recommended by the Judicial Service Commission following after complaints from NIC Bank over its commercial loan dispute with businessman Alfred Kipkorir Mutai and Kipsigis Stores Ltd.
The bank protested that the granted the businessmen an injunction, and only to give reasons for the injunction after a five-month delay in disregard of the law.
NIC bank had sued businessman Alfred Kipkorir Mutai and Kipsigis Stores Ltd for defaulting and selling vehicles used as securities in a disputed loan that they had acquired.
The commission concluded that the judge showed open bias, abuse of office, incompetence and gross misconduct.
