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MARTIN MATI MUYA
V.
TRIBUNAL APPOINTED TO INVESTIGATE THE CONDUCT OF JUSTICE MARTIN MATI MUYA, JUDGE OF THE HIGH COURT OF KENYA

(2022) JELR 113357 (SC)

Supreme Court 19 May 2022 Kenya
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- The case concerned the removal proceedings against Justice Martin Mati Muya for alleged gross misconduct pursuant to Article 168(1)(e) of the Constitution, based on a five-month delay in delivering reasons for a ruling in Bomet HCCC No 4

Case Details

Suit Number:PETITION 4 OF 2020
Judges:MK IBRAHIM, SCJ SC WANJALA, SCJ N NDUNGU, SCJ I LENAOLA, SCJ W OUKO, SCJ
Counsel:Mr. Philip Nyachoti for the Petitioner. Mr. Oscar Eredi for the Tribunal.

JUDGMENT

A. Introduction

  1. When many years ago Lord Bowen LJ., in Leeson v General Council of Medical Education and Registration (1889), LR 43 CD 385 famously compared Judges to Ceaser’s wife, that they should be beyond suspicion, he was merely emphasizing that the standard of conduct expected of a judge is much higher than that of an ordinary citizen; that the credibility of the judicial system is dependent upon the judges who man it; and that, public confidence in the Judiciary requires every judge to discharge his or her judicial functions with integrity, impartiality and intellectual honesty without the slightest whiff of improper conduct or behaviour.

  2. The public rightly expects the highest standard of behaviour from a judge, hence the protection extended to judges and the Judiciary by the Constitution, which provides for judicial independence. For the purpose of this appeal, it demands that a judge shall not be removed for misconduct or misbehaviour, unless the judge has fallen far to…

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