Kenya: Supreme Court Sets Aside Tribunal Decision Recommending Justice Muya’s Removal

Nairobi — A five-judge Supreme Court bench has set aside the decision of a tribunal constituted to look into the conduct of Justice Martin Muya.

In a judgement issued in Nairobi on Thursday, the judges set aside the tribunal’s decision recommending the removal of the judge from office over gross misconduct saying the threshold was not reached.

The bench comprised of Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko.

They said that the tribunal did not receive sufficient evidence on the allegations made against the Justice Muya.

Consequently, they adopted the submissions of the judges lawyer Phillip Nyachoti to the effect that the allegations that were placed before the tribunal were not proved.

“It is not every delay that would attract punishment. Only inordinate and

inexcusable delays are discouraged,” the bench stated while dismissing claims that the judge unduly delayed a reasoned judgement of a matter at the centre of the dispute.

The petition arose from a Sh76 million loan dispute between a businessman and NIC Bank after 14 lorries belong to the businessman were detained over nonpayment.

Muya, a High Court judge, issued a ruling at the Bomet High Court on May 30, 2017 after the hearing of the application on April 5, 2017.

He later issued a reasoned judgment on November 3, according to papers filed in court.

A seven-member tribunal chaired by Justice Alnashir Visram presented its report to President Uhuru Kenyatta recommending Muya’s removal in 2021.