Nipate
Forum => Kenya Discussion => Topic started by: Omollo on May 04, 2017, 06:07:54 PM
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Kenya owes Omtatah a lot.
Chief Justice David Maraga has been sued for unlawfully assuming powers he doesn’t have.
Activist Okiya Omtatah says the CJ has taken on the role of constituting permanent appeal court benches to hear cases that carry the risk of the CJ setting up politically inspired benches, which will ensure specific cases are assigned to them for predetermined outcomes.
The powers to constitute appeal benches is vested in the president of the Court of Appeal.
UNBOUND BY THE LAW
The current president of the Court of Appeal is Justice Kihara Kariuki.
Omtatah says the CJ wrongly perceives himself as some imperial power unbound by the laws of the land.
“The respondent [CJ] must, therefore, abide by the law and he cannot lord it over Kenyans as though he is some imperial authority,” Omtatah said.
He added, “Thus the petitioner is inviting the honourable court to intervene and protect the public interest in having a fully independent Court of Appeal that among others is in control of its affairs, including the constitution of benches.”
Omtatah says the decision by the CJ to constitute the appeal court benches amounts to undermining the authority of the president of the appeal court.
QUASH THE DECISION
He wants the court to issue orders to quash the decision by the CJ to arrogate himself powers and duties which don’t belong to his office. Omtatah says the CJ, by giving himself powers he doesn’t have, has compromised the autonomy of the appeal court to constitute its benches.
He believes that in assuming the role of forming benches, the CJ has violated the principle of sharing and devolution of powers. The activist wants the constitutional court to come to the rescue of the appeal court by ensuring it is in charge of its affairs.
The Constitution provides that the Court of Appeal will be organised and administered in the manner prescribed by an Act of Parliament, being the Court of Appeal Organisation and Administration Act. Omtatah says the decision of the CJ goes against even this principle and constitutional provision.
He further argues that the idea of permanent benches formed by the CJ will lock out junior judges from guiding cases.
“Where benches are formed at random, it is possible to have benches where the mix of judges of similar or equal seniority will allow any of the judges to preside,” he says.