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Kenyan Court will not reopen cases that felled judges

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ByaseL, Apr 27, 2012.

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    ByaseL JF-Expert Member

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    Apr 27, 2012
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    The Judiciary has no immediate plans to re-open cases whose handling ended the careers of four senior appellate judges on Wednesday.
    Asked whether there were plans to review the judgements, Chief Registrar of the High Court Gladys Shollei replied: ‘No.’ Read
    The cases include the controversial Goldenberg scandal, in which the country is estimated to have lost up to Sh40 billion in fictitious gold exports.

    Mr Justice Joseph Nyamu failed the vetting test for allowing the expunging of Internal Security minister George Saitoti’s name from a report arising from an inquiry into the scandal.

    The report, prepared by a commission chaired by Justice Samuel Bosire, who was also sacked, proposed that Prof Saitoti be prosecuted.

    “As far as public confidence in the courts was concerned, the most startling aspect was the issuing of a permanent stay of prosecution against Mr Saitoti on the basis that because of the long delay and the wrong findings made by the Goldenberg Commission, Mr Saitoti would not be able to receive a fair trial,” the board said.

    The judge was also found unsuitable because of issuing a permanent injunction against the defunct Kenya Anti-Corruption Commission investigating suspects in economic crimes and prohibiting the media from reporting on the cases.

    Mr Justice Samuel Bosire as the chairman of the Goldenberg Commission, was also found to have ignored a High Court order to summon retired President Daniel Moi, Prof Saitoti, Mr Musalia Mudavadi and Mr Nicholas Biwott as witnesses.
    Justice Riaga Omollo on the other hand was held responsible for making derogatory remarks against Mr Kenneth Matiba, who filed a petition against Mr Moi’s election.

    Mr Matiba, who had suffered a stroke, could not sign the petition in person. It was thrown out as a result.



    On Thursday, Chief Justice Willy Mutunga said he would constitute a fresh bench to take over the cases that the four dismissed judges were hearing.

    This is among a raft of measures that the Judiciary is going to take to prevent a buildup of cases in the court following the departure of the four senior judges
     
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