Baraza lawyer ordered to pay adjournment cost

By Isaiah Lucheli

The Supreme Court on Wednesday stamped its authority by warning advocates who will appear before it that disrespect and arrogance would not be tolerated.

A five-judge Bench presided over by Chief Justice Willy Mutunga said the courts schedule would not be based on the convenience of the advocates.

“Let this message be heard loud and clear by counsel who will appear before this court,” said Mutunga.

The court ordered lawyer Judith Guserwa, who is representing the suspended Deputy Chief Justice Nancy Baraza in an appeal seeking to quash the verdict of the tribunal that investigated her conduct and recommended her sacking, to pay the cost of adjourning the case.

Guserwa had instructed lawyer Solomon Wamwayi to seek an adjournment because she was on a retreat in Europe that had been organised by the Law Society of Kenya.

But Philip Murgor who was representing the panel opposed the application.

The judges said they had considered rejecting the adjournment application noting that Murgor had rightly opposed the application and was ready to proceed to argue the appeal but they were aware that it was not Guserwa who was seeking justice in the Court.

“On the basis of that record it is clear to us that Mrs Gurserwa’s reasons for her absence today to prosecute this appeal, and her failure to fully brief Mr Wamwayi or any other counsel to argue this matter this morning smacks of arrogance, disrespect and negligence on her part,” read the ruling in part.

Determined expeditiously

Mutunga noted that when the matter was heard before judges Njoki Ndung’u and Jackton Ojwang on October 19 Guserwa had told them that the appeal has to be determined expeditiously.

Baraza wants the Supreme Court to declare that the tribunal’s recommendations and findings could not form the basis of her removal from office.

The hearing is slated for October 23.