JSC application on Judge Muya hopeless, incompetent – Lawyer Nyachoti
Judge Martin Muya has objected to an application by JSC seeking to refer his matter to Employment and Labor Relations Court.
When the matter came for hearing yesterday, Judge Muya who is challenging a JSC decision to remove him from office and recommend the formation of a tribunal to investigate his conduct said the Constitutional court is best suited to hear and determine the matter.
Judge Muya through his lawyer Philip Nyachoti terms the application by JSC as hopeless, incompetent and does not meet the threshold of a preliminary objection.
He says that the employment and labor relations court has a mandate to handle matters arising from the disputes on an employee and employer and not matters as this.
“This matter has nothing to do with employment because the role of JSC is a pure imperative of the constitution,”
He wants an objection by the JSC to be struck out and the matter proceeds at the constitutional division.
Muya says that his petition raises five heavy constitutional issues that cannot be determined by an employment court.
He said that he was not accorded a fair hearing ad a right to fair administrative action before he was removed from office as stipulated in the constitution of Kenya.
“The report that JSC relied on to remove my client from office is full of inconsistencies and could not warrant Muya’s removal from office,”
JSC wants a case filed by Muya referred to the Employment and Labor Relations Court saying the constitutional division has no jurisdiction to hear it.
Nyachoti claimed referring the case would result into bringing into play the President as a party to the case and, with him not being the employer of the judge, cannot be sued in an Employment and Labor Relations Court through the Attorney General.
“On the issue of jurisdiction of the High Court to hear and determine the petition hearing, we submit that the procedure under Act 168(1) for removal is not in respect of an employer and employee relationship, more so since the committee’s report and recommendations do not substantively interfere with employment or otherwise of the petitioner,”
read the court papers.
The judge asked the court to dismiss the preliminary objection on jurisdiction filed by the commission.
Through his lawyer, the embattled judge faulted the JSC recommendation saying it was “fundamentally flawed, fatally and incurably defective and therefore wanting in validity and reliability.”
Muya further seeks an order declaring the tribunal formed by President Uhuru Kenyatta invalid.
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