Judge grants KACC hearing in Ringera case

Kenya Anti Corruption Commission director Aaron Ringera. Justice Apondi has granted KACC a hearing in a case filed to challenge Ringera's reappointment. Photo/FILE

What you need to know:

  • KACC says orders were radical and had far-reaching effects.
  • Justice Apondi allows both sides to argue their case.

The Kenya Anti Corruption Commission on Tuesday came to the defence of Justice Aaron Ringera and his two deputies over their reappointment.

While asking Justice Muga Apondi not to grant the orders sought by the lawyers and activists before hearing KACC side of the story, the anti-graft body said the orders were radical and had far-reaching effects.

But as the parties argued in court, another application brought by Ikolomani MP Boni Khalwale was also filed under the certificate of urgency. Dr Khalwale is seeking similar orders and but has gone ahead to include the its Advisory Board in the suit.

According to Dr Khalwale, the reappointment of Justice Ringera and two deputies Fatuma Sichale and Smokin Wanjala was done without Parliaments' approval.

Before Justice Apondi, KACC through lawyer Githu Muigai said the matter was of public concern and it would be better to hear all parties before granting or denying the orders sought.

Through lawyer Kibe Mungai, the Nairobi Law Society and 16 activists led by Mr Okiya Omtatah want the court to temporarily stop Justice Ringera from assuming office until the case has been heard and determined.

The Attorney General through Deputy Solicitor General Muthoni Kimani supported the sentiments saying it would be better for the court to allow all parties file relevant documents before arriving at a decision.

“This is a matter of public interest and the court should have the benefit of hearing all the parties and get all materials necessary to support the case before giving a decision,” said Ms Kimani.

In his ruling, Justice Apondi said that the court had the discretion to allow the applicants to proceed alone or allow all parties give their side of their story.

He said the matter was of great public interest and that all parties had the right to be heard.

“The right to be heard is supreme in the judicial system. It is not only fundamental but goes to the core of the system. Whereas Justice Ringera may not be popular, it does not remove his right to be heard,” said the Judge.

Mr Omtatah and the lawyers are seeking to nullify a special issue of the Kenya Gazette notice dated August 31, 2009.

They argue that Justice Ringera’s reappointment and his two deputies was unconstitutional and in contravention of the law.

According to Mr Omtatah, President Kibaki does not have the sole power to reappoint the director of the KACC and his deputies.

The case will now be heard on September 15.