Nipate
Forum => Kenya Discussion => Topic started by: Omollo on June 23, 2017, 11:36:23 PM
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Justice Agnes K. Murgor
Justice William Ouko
Justice Patrick Kiage
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The Court of Appeal judges yesterday accused lawyers in Nairobi of laxity.
Judges Philip Waki, Roselyne Nambuye and Patrick Kiage said the lawyers are dragging cases.
Waki said they will take up the matter with the registrar as they are stationed in Nyeri, but had travelled to Nairobi to clear a backlog of cases. Kiage, during the hearing of a case between the Independent Electoral and Boundaries Commission and its former deputy boss Wilson Shollei, said they are disappointed in lawyers Emmanuel Wetangula and Nixon Sifuna for not filing submissions for the case. Wetangula is representing the IEBC, while Sifuna is for Shollei. “The appeal is adjourned with disappointment. Counsels’ endemic problem of not filing submissions so that cases can be concluded has to be stopped,” Kiage said.
In the case, the IEBC has moved to the Court of Appeal after the Labour Relations and Employment Court judge Maureen Onyango nullified the sacking of Shollei.
The judge gave back Shollei his job, saying he had been sacked unfairly. She said, however, the judgment should hang in abeyance pending the determination of a criminal case facing him. Shollei, Edward Karisa (director Finance), Dismas Ong’ondi (director Information Technology) and Willy Kamanga (procurement manager) were sent packing over irregularities in the purchase of voter identification devices during the 2013 general election.
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Just finished reading the ruling: http://www.judiciary.go.ke/portal/blog/post/court-of-appeal-judgment-on-presidential-tally-case
It is worth a careful read, because it is very mindful of the context in which all this is taking place---the historical mischief at the "national tallying centre", the intent of the new constitution, the Kriegler stuff, etc.
Perhaps those who disagree with it will identify those bits they find problematic and on what basis.
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Thanks for the Link. Just finished reading too and it addresses all the issues that we were struggling here with today. Pundit should take a break from the bar today and read it. It gives one hope in our system at such times. Its this kind of reasoning that brings confidence to the electoral system. Maina Kiai and his fellow respondents did this country a great favor by raising this issue with the courts. I am glad we are going into the 2017 elections far from perfect but with more chance for a free and fair elections than where we were in 2013.
Just finished reading the ruling: http://www.judiciary.go.ke/portal/blog/post/court-of-appeal-judgment-on-presidential-tally-case
It is worth a careful read, because it is very mindful of the context in which all this is taking place---the historical mischief at the "national tallying centre", the intent of the new constitution, the Kriegler stuff, etc.
Perhaps those who disagree with it will identify those bits they find problematic and on what basis.