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Activists in Court to stop Uhuru appointment

03 March 2016, 20:27

Nairobi - Two activists Thursday moved to court to block operations of the tribunal established to probe Supreme Court Judge Philip Tunoi.

Capital News reported that Okiya Omtatah and Nyakina Giseb have asked the court under a certificate of urgency to halt the tribunal’s operations and declare Sharad Rao unfit to head it.

“Pending the inter-parties hearing and determination of this application the honourable court be pleased to issue temporary orders of injunction suspending the operations of the tribunal appointed to investigate the conduct of Justice Philip Kiptoo Tunoi, Judge of the Supreme Court of Kenya,” they state in the petition.

President Uhuru Kenyatta, Attorney General Githu Muigai and Rao are named respondents in the suit.

Read alsoFamilies of slain KDF officers to wait months for compensation

The activists, as reported further by The Star argue that Rao’s appointment contravened the Constitution which dictates that a tribunal of such should consist of members who served as judges or were qualified to serve as judges in a superior court.

They argued that Rao had never served as a judge in a superior court and was furthermore not qualified to serve as one.

“The 3rd respondent is not a judge of a superior court. The 3rd respondent has never been a judge of a superior court. The 3rd respondent is not qualified to be appointed a judge of a superior court.”

They blame the President and the Attorney General for appointing and swearing-in Rao yet they clearly knew he was not qualified based on his age which is above 70.

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