Things are about to take an interesting turn following embattled Justice Muya’s latest move on his woes. Lawyer Philip Nyatochi has written two letters to the judicial service commission seeking a copy of decision recommending formation of tribunal to investigate the conduct of judge Martin Muya.
Philip Nyachoti wrote a letter yesterday and another on May 14, 2019, saying that if the proceedings are not availed within the next 48 hours, they will commence legal proceedings against JSC as instructed.
They said that they have written the letters to the Commission in respect to recommendation it made to the President of the Republic of Kenya Uhuru Kenyatta to form a tribunal to investigate into the conduct of Judge Muya as a result of complaints lodged against the judge in relation to a case in Bomet High Court.
“Unless we have a positive response from the Commission within 48 hours, we have firm instructions to commence the requisite legal proceedings against it so as to protect our client’s interest without further reference to the Commission whatsoever and always holding the Commission liable as to costs thereby incurred and other consequences,” said Nyachoti.
Nyachoti added that they have been instructed that during the proceedings before the JSC relating to the complaint against the Judge, the Commission indicated that it had in its possession the court files and proceedings in respect of the above-noted cases which were the subject matter of the proceedings even though the same were not available to their client during the said hearing.
“Our efforts to access the said files at the Bomet High Court registry have been unsuccessful since the same are not available,“ said Nyachoti.
Mr Muya was removed from office in 2003, in a judiciary purge which affected 83 magistrates.
After he was reinstated later, he went on to apply for the position of a judge, which he secured.
He was posted from Mombasa to Bomet in 2015, becoming the first resident judge in the county, a move that saved many residents the trouble of travelling to travel to Nakuru, Kericho and Kisumu.
It remains to be seen whether Mr Muya will survive the tribunal’s investigation.
The complaint against him was filed by NIC Bank, a defendant in a matter before the High Court in Bomet, one Alfred Kipkorir Mutai and Kipsigis Stores.