Civil society wants details of Uhuru case made public
23 January 2014, 18:18
Nairobi - The civil society is seeking to be enjoined in a case in which president Uhuru Kenyatta's ICC lawyer Stephen Kay has filed a confidential suit against two mobile service providers.
Lady Justice Mumbi Ngugi certified the new case as urgent in the civil society's plea to be part of the confidential suit.
The new case was filed by Harun Ndubi, Ndung’u Wainaina, James Gondi, and Njonjo Mue, wanting to be allowed to access the details of the confidential suit in which both the media and public were barred access.
“It is in the interest of justice and of all Kenyans especially human rights defenders and persons who have fought for justice following the post election violence and the administration of justice,” their lawyer said.
The four have sued the Registrar of the High Court and are demanding for copies of the pleadings as well as any other information regarding the status of the confidential suit.
They allege that no ascertainable reasons have been given to justify the lack of access to the records and details of the confidential suit.
They claim that the proceedings and information sought have a direct connection with and could affect individuals including human rights defenders and the work they have been doing around issues dealing with or connected to post election violence and the pursuit of justice before the ICC.
They allege that any person including the applicants of the confidential suit could be affected by the lack of access to information of the said proceedings yet they have a right to be informed about the matter.
Safaricom, Airtel and Stephen Kay are named as interested parties in the new suit.
In July last year, the Kenya Peace Truth and Justice lobby group moved to court for the same reasons and wanted an order to compel the High Court to release information regarding the confidential suit.
Last week the four made an application with regards to being enjoined in the suit but Justice Isaac Lenaola directed them to make a fresh application.
The case will be heard on January 28.
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