In documents seen by kenyagist.com, through his lawyers Nyachoti and Company Advocates, the judge expressed his displeasure with the findings of the tribunal that was set out to investigate his conduct, delivered on 17 March 2020, that found him guilty of misconduct.
This comes two days before the end of the ten-day period in which the constitution allows him to appeal the findings that recommended he be removed from office. Failure to appeal within the stipulated time frame would mean that the recommendations stand.
Chief Justice David Maraga during a press conference at the Supreme Court on November 4, 2019.
Trouble started brewing for the High Court judge when a tribunal was formed in May 2019, after a petition by the Judicial Service Commission (JSC) was addressed to President Uhuru Kenyatta.
The Chief Justice David Maraga said the JSC was satisfied that the petition filed against him raised serious integrity issues that warranted his removal.
Justice Muya had been accused of bias, abuse of office, incompetence and gross misconduct.
The tribunal, chaired by a retired judge of the Court of Appeal Alnashir Visram said in a unanimous decision that the allegations against the judge had been proven.
High Court Judge Martin Muya during a court sitting.
“The unanimous finding of the Tribunal was that the allegations against the Judge have been proven. Accordingly, the Tribunal unanimously recommended the removal of Hon Mr Justice Martin Mati Muya from the office of a judge of the High Court,” a statement from Presidential Service Communication Unit said.
President Uhuru received the report on Friday, March 20 and appreciated the expeditious manner in which the JSC had brought the matter to a resolution.