Lobby wants Uhuru Kenyatta's cases against mobile phone operators made public

President Uhuru Kenyatta at a past funtion. (Photo:File/Standard)

By Pamela Chepkemei

Nairobi, Kenya: A lobby Wednesday moved to court seeking orders to compel the High Court to make public information on cases filed by President Uhuru Kenyatta’s lawyer Stephen Kay against mobile phone operators Safaricom and Airtel.

The Kenyans for Peace with Truth and Justice (KPTJ) also wants to be allowed to be enjoined in the cases.

The lobby further seeks all the relevant information and details pertaining to the confidential suit and legal proceedings filed by Kay and any other counsel representing the President. KPTJ says it has been working with victims of post-election violence in order to champion and promote their rights.

The two cases were filed in July and the court subsequently barred journalists from covering the proceedings.

On July 30, the media were asked to leave the courtroom following Kay’s request, to ensure that the proceedings were kept secret.

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Kay, who is represented by Ogetto, Otachi and Company Advocates, wants access to certain information from the two mobile providers but it is still unclear what exactly he is after.

Affidavit

But KPTJ through lawyer Julie Soweto wants the Registrar of the High Court compelled to provide copies of all the pleadings of the case, and the status of the suit. The lobby says it has a right to the information sought under Article 35 of the Constitution.

“It is in the interest of all Kenyans and particularly of those directly affected by the post-election violence, and the administration of justice that the applicant be heard and orders sought granted,” said Gladwell Otieno who has sworn an affidavit on behalf of KPTJ.

KPTJ says it has learnt that Kay is seeking details of private telephone communications of individual citizens who may have been victims of post-election violence contrary to the Section 31 of the Constitution, which provides for the privacy of an individual.

The lobby is apprehensive that the proceedings could have a direct bearing on the victims of the post-election violence and could contravene their fundamental rights.

KPTJ fears that the cases pending before High Court Judge Isaac Lenaola may be heard and determined and the orders sought granted without the participation or knowledge of the victims of the PEV.

“The Rome Statute of the ICC to which Kenya is a signatory emphasises the centrality of participation of victims in such proceedings,” says Gladwell.

The lobby says it has made attempts at the registry to get the information but it was denied the same. The court officials informed the representatives of the lobby that the information could only be released if there was a court order. The Registrar of the High Court has been named as a respondent while Safaricom and Airtel are interested parties.

High Court Judge Weldon Korir directed that the matter be heard next Thursday.