Business Daily
Date: 17.07.2014
Page 1,4
Article size: 277 cm2
ColumnCM: 61.55
AVE: 116955.55
Gvil society groups in court to block
payment of Uhuru, Ruto suit costs
BY BRIAN WASUNA
Two civil society organisations
have appealed a High Court or­
der compelling them to pay mil­
lions of shillings as costs of a suit
in which they had challenged the
eligibility of the President and his
deputy to contest last year's Gen­
eral Election.
The Kenya Human Rights
Commission (KHRC) and the In­
given the resources available to the
applicants," he said.
The contested judgment was de­
livered in February last year by a
five­judge Bench consisting of Mbo­
goli Msagha, Luka Kimaru, Pauline
Nyamweya, Hellen Omondi and
George Kanyi Kimondo.
In their failed petition, the appli­
cants, including the International
Centre for Conflict and Policy, Public
Corruption and Ethics Governance,
Charles Mwangi and Henry Nyan­
gaya were ordered to bear the costs
of the petition.
They were challenging the eligi­
Despite highlighting that the High bility of the president, his deputy
mission (IEBC) has already hilled
Court had no jurisdiction to determine and Mr Gesami to contest last year's
the petition, the judges ruled that the election.
They ci ted the criminal charges fac­
petition lacked merit as some of the
prayers sought were speculative and ing Mr Kenyatta and Mr Ruto at the
International Criminal Court, and Mr
overtaken by events.
In their court papers, KHRC and Gesami's alleged transfer of Shi mil­
ICJ claim that the High Court did lion from the Constituency Develop­
them Sh76,8 million was filed in
not consider the fundamental issues
public interest and should not at­
tract any award of costs.
They have enjoined President
Uhuru Kenyatta, Deputy President
raised in the petition while determin­
ternationa! Commission of Jurists
(ICJ) have moved to the Court of
Appeal, arguing that then peti­
tion for which the Independent
Electoral and Boundaries Com­
William Ruto, IEBC, the attorney­
general and West Mugirango MP
James Gesami in the suit.
"There was no private gain
attributable to the applicants
regardless of the outcome of the
petition. The courts, including
the Supreme Court, have numer­
ing the case.
Public interest
ment fund to his personal account.
IEBC was also enjoined in the pe­
tition, with the applicants seeking to
have the polls body reject the nomina­
tion of the three individuals in their
They claim awarding costs against
political bids.
them would discourage people from
Their nominations had, however,
filing public interest matters.
The two societies also claim that
already been accepted by IEBC by
the time of the judgment, hence the
they had already filed a notice of ap­
court verdict that the petition had
peal in regard to the said judgment
been overtaken by events.
and are awaiting the typed record of
proceedings.
"In that intended appeal, ICJ and
ously stated that matters brought
in public interest should general­
KHRC are challenging the decision
ly not attract the SUIT,Page4»
to award costs against them. It would
»From Pagei award of costs," said be in the best interest of justice that
ICJ­Kenya executive the intended appeal be heard and de­
director George Kegoro.
termined before costs, if any, are re­
He added that the petition was covered against the applicants," said
filed to clarify the meaning of certain Mr Kegoro.
provisions of the Constitution, espe­
Jurisdiction
cially those dealing with leadership
and integrity.
"There was no finding that the
petition filed was frivolous, an abuse
Both parties believe that the intended
appeal would raise issues relating to
the High Court's execution of juris­
diction and the manner in which it
of the court process or incompetent.
handled the petition.
It (judgment) was unfair and unjust
Mr George Kegoro, the ICJ­Kenya
executive director, m t
Ipsos Kenya ­ Acorn House,97 James Gichuru Road ­ Lavington ­ Nairobi ­ Kenya