By NICHOLAS WAITATHU

Attorney General Prof Githu Muigai (left) wants the East African Court of Justice (EACJ) to dismiss an appeal seeking to reverse a judgement passed last year in favour of the Government.

Prof Muigai argues that the court had ruled that the matter was filed out of time.

The Independent Medical Legal Unit (IMLU) has challenged the March 15 ruling.

The AG, who was represented by State Attorney Ngugi Muiruri at the Arusha court, argued that EACJ does not have the jurisdiction to review its own judgment.

He said that there are no errors shown as alleged that the court did not consider the police report and no grounds as well to show that injustices have been caused to the applicants.

Ms Kethi Kilonzo, appearing for IMLU, however pleaded with the court to allow the application.

She argued that the court concentrated on the errors of laws not errors of facts and evidence, and therefore did not consider the police investigation report. She said the court has the jurisdiction to review the judgment under Article 35 (3) of the Treaty for Establishment of East African Community.

The Article provides that an application for review of judgment may be made to the court only if it is based upon the discovery of some fact which by its nature might have had decisive influence on the judgment, if it had been known to the court at the time the judgment was given, but which fact, at that time was unknown to both the court and the party making an application.

The Government was accused of failing to investigate, prosecute and punish those responsible for executions, torture, cruelty, inhuman and degrading treatment of more than 3,000 residents of Mount Elgon District.

The said acts were as a result of land settlement schemes in the Mt Elgon area where an armed militia known as Saboat Land Defence Force was formed and grew to terrorise residents of.

The ruthless activities by the group prompted the Government to deploy security forces to carry out an operation known as Operation Okoa Maisha.

The court said its judgment on the matter would be delivered on notice.