Second judge pulls out of Ringera case

By Evelyn Kwamboka

A second judge has pulled out of hearing a case challenging Justice Aaron Ringera’s reappointment as the Kenya Anti-Corruption Commission (KACC) director.

Lady Justice Hannah Okwengu, who served as Ringera’s deputy in the disbanded Kenya Anti-Corruption Authority (KACA), disqualified herself barely a week after Justice Msagha Mbogholi declined to hear a similar case.

Justice Okwengu lost her job along with Ringera when the High Court outlawed KACA in 2000, a move that halted more than ten prosecutions and 100 investigations.

"It would be difficult for me to remain impartial," she said yesterday when the case filed by the Nairobi Law Society and a section of civil society activists case for hearing before her.

In Justice Hatari Waweru’ chambers, a bid to have the case filed by Law Society, Nairobi branch, merged with that filed by Ikolomani MP Bonny Khalwale, flopped. The judge ruled that it is not legally or procedurally possible to have the two cases consolidated or one heard and the finding applied to the other.

Different procedures

This was after KACC advisory board’s advocate, Mr Evans Monari, told the court that he does not mind if consolidating the two cases would resolve the matter expeditiously.

Justice Ringera’s advocate, Prof Githu Mungai, said the disposal of the two matters is distinct because they are filed under different procedures.

"Both matters can be argued separately and adopt the findings on the other," he said.

Deputy Solicitor General Muthoni Kimani expressed her discomfort, saying it is not possible to have the two matters heard together because of the procedural rules.

Representing the Ikolomani MP, Ms Julie Aullo pointed out that consolidating the two might prejudice her client’s case.

Khalwale’s case will now be heard by a judge in the civil division on September 22 while Nairobi Law Society’s is coming up for mention before the Judicial Review division’s presiding judge today.

Khalwale is seeking to stop KACC advisory board from determining and settling the terms of service of Ringera and his two assistants, Dr Smokin Wanjala and Ms Fatuma Sichale. Law Society, Nairobi branch, wants the officials stopped from assuming office.