The Star (Nairobi)

Kenya: Respect the Rule of Law, State House Tells ICPC

State House yesterday censured a non-governmental organisation over what it termed as pretence to campaign for application of the law to the letter.

The Communication Secretary and spokesman for State House Manoa Esipisu dismissed Ndung'u Wainaina, the Executive Director of International Centre for Policy and Conflict (ICPC) over statements Wainina made concerning two petitions filed at the High Court.

Esipisu faulted Wainaina's threat to take legal action to challenge the in-camera proceedings and the ruling on the petition filed by President Uhuru Kenyatta's UK lawyer Steven Kay against mobile telephone service providers Safaricom and Airtel.

Ndung'u said that the confidential proceedings were a violation of the protection of public interest as well as victims' rights to access information and participation in administration of justice.

"The cases against President Kenyatta and Deputy President William Ruto at the ICC have not been heard and determined. But as always those who pretend to campaign for the rule of law appear to go against the very law as well as the rule of natural justice where one is presumed innocent until proved guilty," Esipisu said adding that Wainina's move is unacceptable.

The Judiciary yesterday justified the ruling made by High Court judge Justice Isaac Lenaola to grant Kay the hearings in camera.

Chief Registrar Gladys Shollei said that while constitution requires all judicial proceedings to be made public, suits filed under the Constitutional and Human Rights division may be heard in-camera, but the ruling made public.

She however clarified further that such ruling may only be made public in the instance that they will not negatively influence other judicial processes.

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