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Court says it cannot issue orders on summons

By | March 15th 2011

By Evelyn Kwamboka

High Court Judge Daniel Musinga has declined to issue orders stopping Government officers from effecting summons issued by the International Criminal Court.

The judge yesterday declined because of a consent order that was recorded in January by some lawyers in another ICC matter, filed by businessmen Jackson Mwangi and James Kuria.

"I doubt if I can grant any substantive order as a single judge because of the January order," he said after certifying the case urgent.

The judge said he would only hear the case touching on summons if lawyers who recorded the January consent in the matter — in which the businessmen want High Court Judge Kalpana Rawal stopped from taking statements from security officers — agree to lift the order.

It is in the same case file that they filed the application seeking to stop Government officers from effecting summons issued by ICC. He ordered the businessmen to serve lawyers representing Attorney General Amos Wako and Justice Rawal with the suit papers and the matter heard interpartes tomorrow.

In the consent order recorded in court in January, the case was referred to the then Chief Justice Evan Gicheru. The former CJ was to appoint a three-judge bench to hear and determine the case, which the businessmen obtained temporary orders stopping Justice Rawal from taking statements from security officers. Yesterday, the businessmen, through their advocate Muchoki Kangata, told the court Gicheru left office on February 27 without appointing judges to hear that case. In the case touching on summons, the businessmen are also seeking orders barring the AG and his agents from co-operating with ICC in any manner whatsoever, pending hearing and determination of their case. The application comes few days after ICC issued summons requiring six suspects to appear before the court on April 7.

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