The Star (Nairobi)

Kenya: Judiciary Clarifies Lenaola 'Confidentiality' Ruling

Photo: CIO Kenya
Two mobile phone operators, Safaricom and Airtel sued by President Kenyatta over ICC cases.

The Judiciary has said it will make public the decision reached by the High Court in a case filed by President Uhuru Kenyatta's UK lawyer Steven Kay against mobile telephone service provider Safaricom after the proceedings have been concluded.

Chief Registrar of the Judiciary Gladys Boss Shollei has further clarified that the ruling will only be made known as and when it has been established that the delivery of the ruling will not have any implication on the cases at the International Criminal Court.

Shollei said that while the constitution requires proceedings in courts to be open to the public, cases filed under the Constitutional and Human Rights Division obligate the officials determining the suit to hold the proceedings in camera, but to make the ruling public at a later date.

"Decisions, rulings and judgment may be pronounced publicly but the press and public may be excluded from all or part of the proceedings to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice," Shollei said.

Shollei made the clarification following a ruling by High Court judge Justice Isaac Lenaola who directed that members of the press will not be allowed to cover the proceedings of the suit filed by Kay.

Lenaola made the ruling in consideration of the application by Kay which asked the court to restrict the details of the case from being made public.

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