The Judicial Service Commission(JSC) on Monday asked the court to dismiss a case filed by Justice Martin Muya challenging a decision to have him investigated over allegations of gross misconduct.
The commission in a preliminary objection says that the application by the embattled judge is ”fatally defective bad in law and an abuse of the process of the court.”
JSC, through Lawyer Isaac Wamasa, further argued that the court has jurisdiction to hear and determine the dispute.
”The application lacks merit. The applicant has failed to satisfy the conditions for granting interim orders,” read court documents.
JSC’s response follows Justice Muya’s petition to block a tribunal on probing him for misconduct. The commission wants the notice of motion as well as the entire petition struck out or be dismissed.
Through lawyer Phillip Nyachoti, the judge has faulted the JSC recommendation saying it was “fundamentally flawed, fatally and incurably defective and therefore wanting in validity and reliability.”
“The entire decision and proceedings as demonstrated were marred with outright bias on the part of the JSC to the detriment of the petitioner,” reads court papers.
Justice Muya wants no tribunal formed or investigations carried out and is further seeking an order declaring any tribunal formed by President Uhuru Kenyatta invalid.
Last Thursday, President Uhuru Kenyatta appointed Lawyer Paul Nyamodi as the lead counsel to assist the tribunal investigating the conduct of judges Martin Muya, Njagi Marete and Lucy Waithaka.
President Kenyatta also appointed Lawyer Stella Munyi to assist Nyamodi to investigate the conduct of three judges who had been recommended for removal by the Judicial Service Commission.
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