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Kenya: Judge Pulls Out of Case Over Atwoli's Remarks
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The Nation (Nairobi)
3 May 2008
Posted to the web 2 May 2008
Jillo Kadida
Nairobi
Judges were incensed by a public comment made by a top trade unionist regarding a case challenging new labour laws.
Comments by Central Organisation of Trade Unions secretary-general Francis Atwoli saw a judge disqualifying herself from hearing the case. Another issued a stern warning.
Lady justice Roseylne Wendoh, who was earlier on hearing the case, had to withdraw from it.
High Court
However, the case was taken to High Court judge Mr Justice Joseph Nyamu, who referred it to Chief Justice Evan Gicheru for directions.
"It is a serious constitutional issue if a judge is discussed in public. It's not a question of shifting the file from one judge to another," said Mr Justice Nyamu.
The judge said if the habit of commenting on cases before court and discussing judges is not stopped at the earliest opportunity, another litigant will also come up shouting.
The judge said instead of hearing the case, his inclination is to send the file to his boss so that he can look at the facts and give directions.
Labour laws
On Labour Day, the Cotu boss accused the Law Society of Kenya of protecting "ambulance chasers" at the expense of workers' welfare, saying they were opposed to the new labour laws because some of the members were fleecing their clients by colluding with insurance firms.
He also accused an unnamed High Court judge of frustrating the workers' movement.
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The case by LSK is challenging the laws that require employers to take insurance policies against injuries for all employees.
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