Â By Guest blogger
Court of appeal has stopped the Taxation of 178 million shillings in costs emanating from the Integrity Petition that had challenged the suitability of Uhuru Kenyatta and William Ruto (Now President and Deputy respectively) from holding a state Office.
The Matter had been filled by International Center for Policy and Conflict and Civil Society organizations in 2012 seeking interpretation and application constitutional integrity threshold for those aspiring for hold state office vide electoral process.
However, the High Court dismissed the matter for want of jurisdiction and condemned International Center for Policy and Conflict, KHRC and ICJ to pay the costs though stating that the constitutional petition was public interest in nature. .
Today, the 3 judge bench comprising, Mohammed Warsame, Murgo and Kiage held that there was an arguable appeal before them and as such there was need to stop any further demand for costs until the appeal is heard and determined.
The judges faulted their colleagues for condemning the litigants in the High court with costs in a matter that they could clearly determined it was public interest.
In their ruling, the 3 judge bench while describing the three appellants as â€˜warriors of rule of law and constitutionalismâ€™ held that the High Court Judges failed to give the reasons for condemning the petitioners without providing the specific â€˜numerous petitionsâ€™ there referred to. The lobby groups have been directed to file their memorandum of appeal and records of appeal within 45 days.
The High Court in Nairobi in the February 2013 cited lack of jurisdiction in dismissing the constitutional petition (integrity case). . The five-judge bench comprising of Judges Mbogholi Msagha, Luka Kimaru, Hellen Omondi, George Kimondo and Pauline Nyamweya had been appointed by Chief Justice Willy Mutunga to hear the matter but later found that they lacked the jurisdiction to determine the outcome of the case.