Anglo Leasing suit sent to Mutunga as judge opts out
A case challenging the payment of Sh1.4 billion to Anglo Leasing companies has been referred to the Chief Justice.
Mr Justice Isaac Lenaola wants Chief Justice Willy Mutunga to name three judges to determine the legality of the payments but ruled himself out citing personal reasons.
“The application by the Law Society of Kenya to have the matter referred to the Chief Justice to set up a bench is allowed. However, for personal reasons, I recuse myself from being appointed to the bench,” said Justice Lenaola.
At the same time, Attorney-General Githu Muigai has opted for private lawyers to defend him and the government in the petition filed by the LSK challenging the government decision to pay the Sh1.4 billion to Universal Satspace Limited.
Lawyers Waweru Gatonye and Cecil Miller will take over the case from senior deputy solicitor-general Muthoni Kimani, who has been acting on behalf of the AG.
The Law Society wanted the Chief Justice to appoint a bench, arguing that the payments involved the management of public funds and good governance which could only be decided by uneven number of judges.
“It would be a grave miscarriage of justice for the country if the government goes unchallenged for paying the huge amount not approved by Kenyans. This is why the CJ must appoint a three-judge bench to determine the legality of the payments,” said layer James Mwamu.
The case will be mentioned on July 11.
This article was published by the DAILY NATION on June 25, 2014.