John Musembi Musila retweetledi

Members of the Bar hold numerous concerns regarding the conduct of the Court of Appeal judges. However, Advocates are constrained from raising these concerns publicly for fear of reprisal and profiling. Social media posts made out of professional frustration are often brought to the attention of the Judges. The consequence is a perception that no Judge of that Court will thereafter determine a matter in favour of the said advocate and their clients.
This explains why many Advocates are publicly supporting the Petition filed by Senator Okiya Omtatah before the Judicial Service Commission. While they agree that the Senator’s grievances are well-founded, they are reluctant to speak openly lest their clients be prejudiced.
If only the Court of Appeal would discharge its mandate and administer justice as contemplated by the Constitution and the law. It is imperative that the Bar and the Bench jointly review the Court of Appeal Rules to ensure that appeals are heard and determined expeditiously and on merit by replacing 5(2)b applications with substantive appeals. Advocates can argue their appeals in 5-10 minutes. I wonder why stay applications are the most listed for hearing, but substantive appeals take years to determine.
It is untenable that the Court should stay a decision of the High Court and only hear the substantive appeal five years later. What the public may not appreciate is that once the Court of Appeal grants a stay of a High Court decision, a litigant may wait upwards of four years for the substantive hearing. This is precisely why the Hon. Attorney General routinely seeks recourse in the Court of Appeal, aware that the Court’s timelines effectively grant the State an indefinite reprieve. The practice is unjust, prejudicial to litigants, and undermines public confidence in the administration of justice.
Appellate justice appears to favour litigants with financial means and influence. For those in that category, their matters are listed for substantive hearing without undue delay. The delays in handling appeals has become the greatest judicial injustice of our time. Are wr ready to confront this injustice?
Time will tell.
I hope the AG will not file an application to stay the Ebola dispute before the COA. A stay will mean, free supply of Ebola to over 60M Kenyans. The AG will win, the matter will be scheduled for substantive hearing in 2030 and the AG by then will state that the matter is already overtaken by events, LSK and Katiba institute will be asked to withdraw the matter. Its that bad.
@NelsonHavi @ckanjama
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