AG to represent State in appeal on Bashir ruling
By Evelyn Kwamboka
Attorney General Githu Muigai will represent the Government in an appeal challenging a warrant of arrest against Sudan President Omar Al Bashir.
The court also dismissed the International Commission of Jurists’ application opposing the Government’s appeal against the High Court decision. Bashir is wanted by the International Criminal Court for crimes against humanity.
Friday, Justice Emmanuel O’Kubasu, Justice Erastus Githinji, and Justice Onyango Otieno ruled that the AG, as the principal legal advisor to the Government, is a party to the proceedings.
Article 156(4) (b) of the Constitution provides that the AG shall represent the national government in court or in any other legal proceedings to which the national is a party.Justice O’kubasu said the Bench saw no wrong in the Government filling appeal against Justice Nicholas Ombijah’s November 28 decision, under Court of Appeal rules.
ICJ had argued a criminal appeal cannot be filed under the rule saying after the establishment of the AG and Director of Public Prosecutions office, it is only the DPP who can file the appeal.
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