Lawyer Philip Nyachoti has written two letters to Judicial Service Commission (JSC) seeking a copy of a decision recommending a formation of a 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.
The legal officers said that they have instructions to request that JSC avail the said files to the registry to enable them to peruse the same in their capacity as counsel for the learned judge so that they can advise him accordingly.
He claims that Muya has never been served with the commission’s decision and the reasons to have tribunal formed to investigate him in respect to Bomet HCCC number 2 of 2016; Alfred Kipkorir Mutai and another-VS KCB limited & Bomet HCCC No. 4 of 2016; Alfred Kipkorir Mutai-Vs-NIC Bank Limited save for the press statement it issued on the matter.
“We trust that you are very well aware that under Article 47 of the constitution of Kenya on fair administrative Action, our client is entitled to the Commission’s decision without any delay, “said Nyachoti.
He said that the Commission failure to do so is not justified at all.
The lawyers also want a copy of that decision from JSC and all the Hansard recording of all the proceedings relating to the said proceedings in a different manner/style.
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