Judges, lawyer clash over his letter to UN

By Evelyn Kwamboka

A lawyer who filed a complaint against the Judiciary at the United Nations Human Rights office has clashed with Court of Appeal judges.

Three appellate judges expressed outrage at the lawyer’s attempt to seek audience with former UN Secretary-General Kofi Annan over alleged rot in the Judiciary.

Yesterday, the Bench ordered the advocate’s case removed from the list of cases to be heard.

Justices Philip Tunoi, Emmanuel O’Kubasu and Alnashir Visram ordered the case be listed for hearing only with the permission of the court.

Justice Tunoi said this is because the advocate is not happy appearing before all judges.

"The order has been occasioned by disparaging, scandalous and scurrilous attacks made by the applicant against the Judiciary," he said.

But lawyer Peter Ngoge told the court his complaint before the UN office was part of judicial reforms.

"Some judges are good while others are bad. The complaint before the UN includes all judges and is part of the reform agenda," he said.

Court’s permission

In the other case, Ngoge has sued Senior High Court Registrar Wilson Muiruri, which now has to wait for Court of Appeal’s permission to be heard.

He claims Muiruri issued him with certified copies of proceedings and ruling that do not conform to Justice Nambuye’s handwritten notes.

In the letter to the UN, Ngoge asked the committee on human rights to appoint a special team to investigate how judges are appointed, delay of cases and biases.

He alleged the system is opaque, open to abuse, and cannot guarantee independence of the Judiciary.

"For this reason, Kenya has a weak, corrupt and inept Judiciary incapable of resolving disputes expeditiously," he wrote.