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Tribunal says allegations leveled against judge Njagi Marete were unsubstantiated

By Emmanuel Too | September 1st 2020 at 15:16:25 GMT +0300

Justice Njagi Marete

The tribunal which was probing the conduct of Labor Relations Court judge, Justice Njagi Marete has acquitted him of any wrongdoing.

In a unanimous decision, the committee, led by the retired Court of Appeal judge Alnashir Visram, ruled that the complaints were not substantiated, thus did not stand.

“The tribunal, having considered all the evidence tendered and applied the requisite law, found that the sole allegation of gross misconduct or misbehavior contrary to Article 168 (1) (e) of the constitution was not proved against the Hon. Judge,” said Vishram in a press conference.

The committee also recommended that Justice Njagi continues serving as a judge and that any other plans to sack him stayed. 

“Justice D.K Njagi Marete ought not to be removed from the office of judge of the Employment and labor relations Court of Kenya,” added Vishram.

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“We find no merit in the allegation against the judge. The tribunal is sympathetic but the losses occasioned to the employers can’t be attributed to the judge. The judge did not contravene the judicial code of conduct,” the tribunal said.

The complaint on the alleged misconduct of the judge was recorded by the Kenya Tea Growers Association, Unilever, and other parties in Kericho.

Some of the allegations facing Justice Marete included gross misconduct, violation of the constitution, and bias in a court decision among others.

Marete is one of the judges who have in the recent past, faced the tribunal, as the Judicial Service Commission tries to sanitize its house.

Others include the high court judge, Justice Martin Mati Muya, and Lady Justice Lucy Waithaka.
On the previous ruling, the Vishram-led- team recommended the axing of Justice Muya, based on gross misconduct.

Accordingly, the tribunal unanimously recommended the removal of the Hon. Mr. Justice Martin Mati Muya from the Office of Judge of the High Court of Kenya.

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