Joseph Mbui Magari v Kenya Anti-Corruption Commission & The Hon. Attorney General [2014] KEHC 7550 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

Petition No.328 Of 2007

Between

Joseph Mbui Magari...............….........................................Petitioner

And

Kenya Anti-Corruption Commission....................1st Respondent

The Hon. Attorney General………….......…….......2nd Respondent

RULING

The Petition herein was heard by Waweru, Kimaru and Sitati, JJ and after Submissions were concluded on 14/11/2009, the learned Judges retired to consider the matter and deliver their judgment.  Sadly, to date no judgment has been delivered and on 24/7/2013, Waweru J. sitting alone in Chambers gave directions to the effect that the Bench was unable to deliver any judgment as all the Judges in it had been transferred “out of Nairobi to different parts of the Country”. He therefore directed the file to be placed before a Judge in the Constitutional and Human Rights Division for further directions and on 13/1/2014, Majanja J. referred it to me.

On 14/1/2014 after hearing advocates appearing for the parties, I decided to make a Ruling on what should be done to finalise the matter.

Having now perused the file and on hearing what the parties had to say, my mind is clear that;

i) Since all the three Judges who heard the matter are still in service and only one is serving outside Nairobi, the interests of justice  would dictate that the same Bench should be recalled to   determine what should be done in the circumstances now obtaining.

ii) No other Judge or Judges has any lawful authority to re-hear the matter and/or deliver a judgment based on the Submissions on    record.

In the event, let this matter be placed before Waweru J. the Presiding Judge of the 3-Judge Bench, on 24/1/2014 for Further Orders and Directions.

Orders accordingly.

DATED, DELIVERED AND SIGNED AT NAIROBI THIS 21ST DAY OF JANUARY, 2014

ISAAC LENAOLA

JUDGE

In the presence of:

Irene – Court clerk

Mr. Wando holding brief for Mr. Too for 1st Respondent

Mr. Mogeni holding brief for Mr. Bowry for Petitioner

Miss Spira holding brief for Mr. Njogu for 2nd Respondent

Order

Ruling duly delivered.

ISAAC LENAOLA

JUDGE