Cord to sue Duale over remarks on Justice Odunga
National Assembly Majority Leader Aden Duale. Cord intends to institute contempt of court proceedings against Mr Duale for threatening to introduce a motion to discuss the conduct of Justice George Odunga. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
What you need to know:
- On December 22, Mr Duale said he would have Justice George Odunga’s conduct debated when Parliament resumes on January 24.
- Mr Duale accused the judge Justice George Odunga of giving a ruling that threatened to overturn special proceedings of disputed election laws.
- Cord gave Director of Public Prosecutions seven days to reply and said Mr Duale’s utterances had elicited outrage.
National Assembly’s Majority Leader Aden Duale may be made to defend himself in court over remarks he made against a judge.
The Coalition for Reforms and Democracy (Cord) on Monday said it intended to institute contempt of court proceedings against Mr Duale for threatening to introduce a motion to discuss the conduct of Justice George Odunga.
On December 22, Mr Duale said he would have the judge’s conduct debated when Parliament resumes on January 24.
He accused the judge of giving a ruling that threatened to overturn special proceedings of the disputed election laws.
“It is our view that Mr Duale’s remarks can be canvassed as contempt because it happened when the matter was before this court,” Cord lawyer Apollo Mboya said.
He added that the coalition wrote to the Director of Public Prosecutions on December 28 seeking consent to institute contempt proceedings against the Garissa Town MP.
CRIMINAL CONTEMPT
“It is our view that the words uttered...constitute criminal contempt warranting his prosecution since the immunity he enjoys within Parliament is only with regard to performance of legislative duties,” the letter read.
Together with Siaya Senator James Orengo, he asked court to allow Cord file proper case documents.
Cord gave DPP seven days to reply and said Mr Duale’s utterances had elicited outrage.
The two appeared before Justice Odunga in a case in which Cord sued the National Assembly and the attorney-general challenging the publication of a gazette notice that convened two special sittings to debate the poll laws.
Whilst Cord had wanted the sittings suspended, the judge declined to stop them from going on two hours after Parliament had passed the laws.
“I do not find any...reason why Parliament ought to be stopped from proceeding with the debate. Depending on what it decides, this court will be at liberty to scrutinise its process,” the judge ruled.
On Monday, he gave the two a go-ahead to sue the National Assembly majority leader.
The case will be heard on February 28.
