Judge directs AG Muigai to file urgent response in Uasu case

Attorney-General Githu Muigai has been given the last chance to respond to a case filed by the Universities Academic Staff Union (Uasu) challenging a government directive to restrict its members from travelling out of the country.

Justice Enoch Mwita on Wednesday adjourned the hearing of the case to allow Prof Muigai to state the grounds of opposing Uasu’s case, saying he will not entertain excuses to delay the matter filed on October 30 last year.

This is after his lawyer, Christopher Marwa, applied to have the hearing adjourned and he be given 14 days to file and serve his response.

“Your lordship, I am not the one who handled the matter and need more time to prepare our response, file and serve,” he said.

HEARING
But the judge responded: “I am not going to allow that. You will not take us back because this is a 2017 matter and it is not human to delay it further.”

Lawyer Gitobu Imanyara, for Uasu, told the court that he had no objection to the adjournment.

He also applied for extension of an interim order from December 4 last year suspending the government’s restriction orders against his clients.

“We are prepared for the hearing. We have filed our submissions. We have also served the AG,” Mr Imanyara said.

TRAVEL
In his ruling, Justice Mwita directed the AG to file his response and serve the applicant together with his written submissions within 14 days.

The judge further extended the interim order suspending the implementation of a circular issued by the Head of Public Service Joseph Kinyua that barred university lecturers from travelling outside the country, pending the hearing and determination of the case.

“If you don’t come, send someone who will be ready to appear before court and proceed with this matter,” Justice Mwita said.

The union had sued the AG and Mr Kinyua, arguing that professors, lecturers and researchers had been arbitrarily barred from enjoying their rights through the travel ban.