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Justice Martin Mati Muya on Friday lost a bid to stop a tribunal formed by President Uhuru Kenyatta from investigating his conduct.

Employment and Labour Relations Court judge Maureen Onyango dismissed the suit filed by her colleague, saying the Judicial Service Commission (JSC) conducted its function in accordance with the Constitution when it recommended the formation of a tribunal.

“It is the tribunal that will decide if the grounds raised the amount to the removal of a judge or not,” she ruled.

Onyango further ruled that Muya’s right to a fair hearing was not violated because he was given time to respond and cannot now change his mind and say that the hearing was not fair.

“I agree with JSC that it has no further role in the matter and the tribunal should now be in charge of the matter and be allowed to exercise its mandate,” she ruled.

JSC on May 9 recommended that the President forms a tribunal to investigate Muya over a petition filed by NIC Bank, which was the defendant in a Bomet case; HCCC No 4 of 2016 Alfred Kipkorir Mutai & Kipsigis Stores Ltd vs NIC Bank Limited.

According to JSC, the petition had disclosed bias, abuse of office, incompetence and gross misconduct in the manner in which the judge handled the matter.

It is alleged that the judge after numerous adjournments, granted an injunction and reserved the reasons thereof for five months in total disregard of the pleas by the NIC Bank that the motor vehicles that had been given to it as security were being sold and were eventually sold thus occasioning loss to the bank.

However, Muya— through lawyer Philip Nyachoti— claimed JSC exceeded its jurisdiction in arriving at the said findings and recommendations by delving into the merits of the ruling subject of the complaint and, thereby, usurping appellate jurisdiction.