A Nairobi lawyers has written to the Judicial Service Commission (JSC) seeking a copy of a decision recommending formation of a tribunal to investigate the conduct of Judge Martin Muya.
Lawyer Philip Nyachoti has threatened to commence a legal proceeding against JSC if the proceedings are not availed within 48 hours
Nyachoti said he has written to JSC in respect to recommendation it made to President Uhuru Kenyatta asking for the formation of a tribunal to investigate into the conduct of Judge Muya as a result of complaints lodged against him relation to a case at Bomet High Court.
“Unless there is positive response from the Commission within 48 hours, we have firm instructions to commence the requisite legal proceedings against it so as to protect the 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 said the Commission had 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.
“Efforts to access the said files at the Bomet High Court registry have been unsuccessful since the same are not available, “said Nyachoti.
The lawyer said JSC should avail the said files to the registry to enable him peruse the same.
Nyachoti added that Muya has never been served with the commission’s decision and the reasons 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.
Nyachoti 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 style.