mpobiz wrote:maka wrote:[quote=selah]
Quote:The Supreme Court has summoned Law Society of Kenya (LSK) chairman Erick Mutua next Thursday over comments he made on the petition challenging election of President Uhuru Kenyatta.
http://bitly.com/1dVGXer[/quote]
Mutua has raised a Preliminary Objection @ SC that they are functus and cannot reopen a closed matter after the 14 day period for hearing a presidential petition from which the alleged contumacious conduct arose...
I guess he should raise his objections at the ICC or at the UN security council. is there any other higher court here? In my opinion the SC can reopen any case in it's files anytime
It has been dismissed....
It is a legal and constitutional obligation of any Court, from the basic- level to the highest level , to preserve and protect the adjudicatory forum of governance, and to uphold decorum and integrity in the scheme of justice- delivery. It follows that the Court’s jurisdiction, in oversight of the question of conscientious and dignified management of the judicial process, and in
safeguarding the scheme of the rendering of justice, will not be exhausted until the Court is satisfied and it declares as much. Even though, therefore, the Court concluded the hearing of the Petition by delivery of judgment, its jurisdiction for upholding the dignity of the judicial process, and in relation to the proceedings of the Petition, remained uncompromised. The Court therefore could, as it did, issue Summons in the cause of its Orders made during the pendency of the main hearing.
[22] We are also of the opinion that the authorities cited, which we have carefully considered, are not directly relevant to the facts before us. This is an issue of first impression, and no authority invoked by counsel has a direct bearing upon it.
[23] We are, therefore, satisfied, and accordingly hold, that the Court is not functus officio, and that we do have jurisdiction to entertain the proceeding
before us.
[24] We do not make any Order as to costs in this proceeding.
DATED and DELIVERED at NAIROBI this 24 th day of October, 2013
…………………………………..…………………………………..
W. M. MUTUNGA & K. H. RAWAL
CHIEF JUSTICE & PRESIDENT DEPUTY CHIEF JUSTICE & VICE PRESIDENT SUPREME COURT
possunt quia posse videntur