LSK wants new Appeal Court judges to clear backlogs before move

The Law Society of Kenya has urged Chief Justice David Maraga to direct the newly appointed Court of Appeal judges to clear their cases before taking new offices. 

The society says the move will avoid a scenario where the cases will start afresh if they leave the High Court before concluding them.

Eleven candidates were appointed to the Court of Appeal including High Court judges who have ongoing hearings on high profile cases. 

Among them are justices Jessie Lessit, Mumbi Ngugi, Weldon Korir and Pauline Nyamweya.

LSK President Allen Gichuhi said they are concerned that some of the partly heard cases may be affected if they are to start anew or proceed from where they had reached.

“Miscarriages of justice have on several occasions occurred in the past when cases that had substantially been heard were taken over by new judicial officers who had not had the benefit of hearing the crucial witnesses or taken into account pertinent facts during the trial,” he said.

LSK proposes that Section 13(2) of the High Court Organisation and Administration Act be invoked so the judges concentrate on the expeditious disposal of the partly heard cases. 

The advocates' body cites Article 50 of the Constitution to support fast-tracking the said cases.

According to the lawyers, judges should not hear any new matters but should identify the partly heard cases and prioritise them to the conclusion.

This development comes even as Willie Kimani’s murder case was adjourned yet again after defence lawyer Cliff Ombeta failed to appear in court for the mention of the case.

Justice Lessit who has been appointed to the Court of Appeal had adjourned the case because Ombeta was unwell and gave new hearing dates in October.

Yesterday, Lessit directed that Ombeta should hand over the matter to another lawyer if he will not be well by August 8.

The case has been adjourned for two consecutive weeks due to Ombeta’s illness.

If the CJ heeds to LSK’s proposal, then Judge Lessit has to fast-track the case which is at an advanced stage considering that over 36 witnesses have already testified.

The prosecution has about five more witnesses to testify before closing and concluding their case.

The case will be mentioned on August 8 for further directions from the court.

Justices Mumbi, Korir and Nyamweya are also handling different cases at the constitutional level in which they sit on the same bench.

Some of the cases that are still pending include the MPs' house allowance case, The NIIMS case and the new bank notes case among others that are to be heard by different benches that the judges appear in.

The LSK has also faulted the appointment of the 11 judges because fewer lawyers made the cut. 

He says that the practice in the past appointment took into account the need to bring in a diversity of experience from both the bench, the bar and academia.

“Forty per cent or thereabouts of appointments were reserved for members from the private practice and academia,” Gichuhi said.

However, this time round only 9 per cent of the candidates selected came from private practice and not a single candidate from the courts of equal status made it to the list.

“We recommend that all future appointments to the court of appeal provide a ratio of appointments from the High Court, court of equal status of the High Court and from the bar,” LSK said.

(edited by O. Owino)

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