Independent Expert can end Appeal Court row - EALS
Regional lawyers want Chief Justice Willy Mutunga to commission an independent expert towards ending the stalemate on the new Court of Appeal building in Upper Hill, Nairobi.
The President of the East Africa Law Society, James Aggrey Mwamu said two contradictory reports on the safety of the Elgon Place building is causing confusion.
The Communications Commission of Kenya had declared the building safe, however, the Ministry of Healths expressed reservations.
According to the ministry’s Radiation Protection Board, a report that gave the building a clean bill of health for occupation only factored radiation frequency readings on one service provider although the site has multiple telecommunications service providers.
The board has said contributions from other providers such as Telkom Kenya were not included in the audit report prepared by Roniel Enterprises dated July 20
Appeal Judges have opposed the decision to move from the Supreme Court building to the new building in Upper Hill.
They were meant to relocate during the April vacation but this did not happen. They have now been given a notice to move during this month's vacation so that only the Supreme Court judges remain at the Supreme Court building situated off the Taifa Hall way.
“The Chief Justice should not snub the fundamental health concerns raised by the Judges,” the EALS President said in a statement.
Mwamu said the Law Society of Kenya has also raised similar concerns over the dangers posed by the alleged radioactive masts.
“The LSK are also major stakeholders in delivery of justice and their doubts on health should not be shoved aside,” Mwamu said.
“The Judiciary deals with fundamental rights of citizens and the Court of Appeal Judges should be protected by similar provisions provided under the Constitution,” He added.
The EALS President further proposed that the Judiciary call a meeting with the Judges towards settling amicably the stalemate which he said may cause miscarriage of justice.