Apex court overturns ruling on Justice Muya’s removal
The Supreme Court yesterday granted Justice Martin Muya a reprieve after it set aside a decision recommending his removal over gross misconduct.
A five-judge Bench of the apex court, led by Justice Mohammed Ibrahim, ruled that Muya’s delay to give reasons in a ruling did not amount to gross misconduct.
“Though the Tribunal has wide powers in the process of investigating any of the grounds for removal of a judge, it acted in excess of its mandate, in specific situations when it considered issues pending determination in the High Court or introducing matters that were not before the petitioner when he made the decision in question,” the Bench ruled.
Judges said the tribunal did not receive sufficient evidence on allegations made against Muya.
In March 2021 a tribunal chaired by retired Appellate Judge Alnashir Visram found Muya guilty of gross misconduct for delaying for five months, reasons for a ruling he delivered on May 30, 2017, in a commercial row pitting NIC Bank and Kipsigis Stores while sitting in Bomet.
However, Muya, through lawyer Philip Nyachoti, moved to the Supreme Court, claiming he was not accorded a fair trial and that the tribunal relied on unsubstantiated evidence when they recommended his removal from the Judiciary.
