Nairobi — Lawyers have praised attorney-general Amos Wako for planning to appeal against the ruling which barred former Education minister George Saitoti from prosecution over the Goldenberg scandal.

Former director of public prosecutions Philip Murgor said: "The AG's move is most welcome. Any other position could have been a travesty of justice and against the public interest."

And, speaking in Mombasa yesterday, Law Society of Kenya national chairman Tom Ojienda said it would be important for the Court of Appeal to give its opinion on the matter, considering the interest it had generated.

Mombasa LSK chairman Joel Obura also said: "Mr Wako's decision to appeal against the Constitutional Court decision is welcome, and we support it."

And former Mombasa branch LSK chairman Joseph Munyithya said: "We have not had a decision like this in the pre-independent and current Kenya... It would be important if it was affirmed or reversed."

Mwingi North MP Kalonzo Musyoka, a lawyer by training, said it was important that the Judiciary acted impartially and avoided a tag of being compromised in the pursuit of justice.

Saying he was only limiting himself to the issue of the law, Mr Musyoka said it was within the right of the AG to file an appeal, if in his opinion, there were sufficient grounds to do so.

And Kabete MP Paul Muite declined to comment on the issue, saying by telephone: "I don't want to comment for the moment."

But a group calling itself the Kalenjin Political Alliance accused Mr Wako of introducing politics and trying Prof Saitoti through the media.

The group addressed a Press conference at Chester House, Nairobi, and said Mr Wako should respect the decision of the court.

Mr William Komen, who read the statement on behalf of the association, said they were not opposed to the right of the AG to appeal, but the manner in which he was doing it.

Yesterday, Prof Saitoti held a meeting with his lawyers. Sources told the Nation that the meeting lasted two hours.

The Kajiado North MP also declined to comment on the move by the AG to contest the High Court ruling that cleared him over the Goldenberg scandal two weeks ago.

Prof Saitoti was represented at the Constitutional Court hearing by lawyers Pheroze Nowrojee and Fred Ngatia.

The case was heard and decided by High Court judges Joseph Nyamu, Lady Justice Roselyn Wendoh and Mr Justice Anyara Emukule.

Both lawyers declined to comment, citing lawyer-client confidentiality.

When the Nation caught up with the former minister, who was dressed in a navy blue suit, white shirt and red tie near Bishops House, he said: "Talk to my lawyers. They are better placed to comment."

The AG had by yesterday afternoon, not filed a notice of appeal containing the six points which he says the judges erred in by issuing their orders.

On Tuesday, Mr Wako announced that he had already applied for certified copies of the proceedings, which ended with Prof Saitoti walking out of the High Court all smiles after three judges gave the ruling that insulated him from prosecution.

Among the issues raised are that the judges misapplied the principle of double jeopardy and that the bench erred, misdirected the principle when they said that he cannot be tried again for an alleged offence which they have already been cleared.

The judges the AG says disregarded the fact that the export compensation system needed an amendment to the law , was never passed by Parliament.

Another contentious issue is that the AG has denied giving assurances that Prof Saitoti would never be prosecuted.

The AG has also said that the three judge bench misunderstood the period of limitation for prosecutions, which had not ended as they believed.

The last ground is the the judges gave themselves powers they did not possess.

Elsewhere, Former director of public prosecution Philip Murgor has praised the AG for planning to appeal against the ruling which barred former Education minister George Saitoti from prosecution over Goldenberg.

He said: "The AG's move is most welcome. Any other position could have been a travesty of justice and against public interest."

"On Tuesday Mr Wako announced that he had already applied for certified copies of the proceedings, which ended with Prof Saitoti walking out of the High Court all smiles after three judges gave the ruling that insulated him from prosecution.