Tribunal clears suspended judge Njagi Marete of misconduct claims

Environment and Labour Relations Court judge Njagi Marete.

Photo credit: File | Nation Media Group

What you need to know:

  • The tribunal chaired by retired judge Alnasir Visram found that the allegations raised by the Kenya Tea Growers Association (KTGA), Unilever, Siret and five others, respondents in an employment dispute in Kericho, lacked merit.
  • The complainants accused the judge of gross misconduct, bias, impartiality and breach of the Constitution, saying he issued interim orders conflicting others issued in Nairobi by justice Monicah Mbaru.

Suspended Employment and Labour Relations Court judge Njagi Marete has been reinstated to office as a tribunal has dismissed allegations of gross misconduct and misbehaviour against him.

The tribunal chaired by retired judge Alnasir Visram found that the allegations raised by the Kenya Tea Growers Association (KTGA), Unilever, Siret and five others, respondents in an employment dispute in Kericho, lacked merit.

The complainants accused the judge of gross misconduct, bias, impartiality and breach of the Constitution, saying he issued interim orders conflicting others issued in Nairobi by justice Monicah Mbaru.

The union claimed that though Justice Marete was aware the case had been handled by another judge, he went ahead and issued orders which had the effect of setting aside the previous ones by his colleague.

They argued that the judge should not have entertained a petition filed by striking tea workers and  that his decision occasioned huge financial losses because the strike went on.

“The decision of the judge promoted anarchy and lawlessness,” they said.

Findings

But the tribunal ruled there was no evidence the orders issued by judge Marete contradicted those issued in Nairobi and that there was no proof he exhibited biasness while handling the case.

"The tribunal, having considered all the evidence tendered and applied the requisite law, found that the sole allegation of gross misconduct or misbehavior contrary to Article 168 (1) (e) of the Constitution was not proven against the judge,” said Mr Visram.

He added that Mr Marete did not contradict the code of conduct of the Judicial Service Commission (JSC) but said  the tribunal was sympathetic about the financial losses incurred by the tea firms.

The tribunal's members unanimously recommended that the judge, who has been on suspension and on half salary since June 2019, should not be removed from office.

The accusations

President Uhuru Kenyatta formed formed the tribunal last June following the JSC’s recommendation that Mr Marete and two other judges – Lucy Waithaka and Martin Muya - be removed from office.

Complaints filed at the JSC accused the three of incompetence, bias, impropriety and professional misconduct, hence the commission's decision to advise the President to form a tribunal to investigate them.

The seven-member team received oral testimonies from 18 witnesses. Judge Marete presented six witnesses in his defence during the hearings conducted from June 29 to July 15, 2019.

Senior Counsel Lucy Kambuni was the deputy chair while members included retired judge Festus Azangalala, Ambrose Weda, Andrew Bahati Mwamuye, Sylvia Wanjiku Muciri and maina Abdalla.

The joint secretary was Josiah Musili while lawyer Paul Nyamodi was the lead counsel assisted by Stella Munyi.