AG Githu Muigai seeking ways to gag LSK, High Court told

NAIROBI, KENYA: The High Court Monday heard that Attorney General Githu Muigai has been seeking ways to gag the Law Society of Kenya (LSK).

LSK also opposed the constituting of a three-judge Bench by Chief Justice Willy Mutunga to hear Prof Githu’s application seeking to restrain the lawyers’ body from summoning him over handling of the Anglo Leasing case.

Through lawyer Ahmednasir Abdullahi, LSK claimed the matter did not have any constitutional facts and was only meant to gag LSK hence did not deserve to be heard by a Bench.

“There is no constitutional provision that stops LSK from punishing one of its members regardless of the office that he holds,” Abdullahi told Justices Weldon Korir, George Odunga and Mumbi Ngugi.

LOST FILE

However, the AG through lawyer Waweru Gatonye opposed the submissions by the LSK, saying the matter about the constitution of a Bench to hear the suit was already dispensed with.

Gatonye criticised LSK for writing to the CJ protesting over the alleged disappearance of the suit file after the AG had obtained orders restraining LSK from discussing him arguing that they should have done so through their lawyer.

In the letter, LSK argued that the disappearance of the file when the matter was meant to come up in court was deliberate and aimed at prolonging the injunction and to defeat justice.

The court extended the orders barring LSK from continuing with the proceeding against the AG and ordered the society to file their responses by July 18 and also directed the AG to file further response and submissions by July 25.

The suit will be heard on July 30.