KNCCI boss wants Senior Resident Magistrate Murage sacked over gross misconduct

The president of Kenya National Chamber of Commerce and Industry (KNCCI) Richard Ngatia has petitioned the Judicail Service Commission (JSC) seeking for the removal of Milimani Senior Resident Magistrate Maryann Murage over gross misconduct.

Ngatia, through lawyer Moses Muchoki wants the magistrate removed for giving an order stopping Kenya National of Chamber of Commerce and Industry from conducting the election of a chairperson of Women In Business Committee that was slated for January 24 in a city hotel.

He wants the magistrate to be investigated to ascertain that the Murage failed to discharge her duties in the interests of justice and was not impartial in discharge of her duties while issuing the orders.

Further, the president of KNCCI accuses the magistrate of granting conservatory orders sought by chairperson of the Women in Business Committee Mary Nyachae last week stopping the elections to replace her until the case is heard and determined. The case was set to be heard on February 4, 2020.

Ngatia says this is despite the fact that the court never took into account the preparations that had been put in place for the meeting and the elections including the travel arrangements for the delegates and their accommodations.

He claims that from the onset the dispute was not a commercial dispute and the matter ought not to have been commenced before a commercial court therefore the magistrate did not have jurisdiction to issue the said orders.

He says the chamber had already made a deposit for the hotel booking.

“The court failed to ask the applicant to provide any security for the imminent costs incurred by the chamber in preparation for the said elections given that it was just three days to the elections and despite the advertisement having been done on January 13,2020 the applicant chose to move to court just few days to the actual elections “, Ngatia says in the letter.

Ngatia argues that despite the foregoing, the magistrate went ahead to allocate herself the matter for inter parties hearing which obviously demonstrate personal interest in the matter.

He wants the JSC to find Mugure guilty of misconduct and that she had personal interest in the matter and therefore there was a conflict of interest.

However the orders were set aside last Friday by Judge Msagha Mbogholi and allowed KNCCI president Richard Ngatia to conduct fresh elections.