ICJ-Kenya with other Kenyan partners met under the auspices of the World Bank Institute to review progress on the Open Governance Partnership on the 20 March 2012. The meeting entailed a tele conference with other country partners in Tanzania, Ghana, Liberia, London and New York.
On Saturday, 24th March, an ICJ Kenya team took part in the observation of the mock elections held in Kajiado North Constituency.
We managed to observe the elections in four out of the 12 polling stations and reported on our observations and recommendations to the IEBC. The mock election helped shed light on the challenges that may have been experienced on the actual election date. We thought this was wise as it gave the IEBC an opportunity to identify and possibly rectify any of these challenges.
On 24 April 2012, President Kibaki gave his State of the Nation address to the people of Kenya. While he raised many things in that speech, one thing in particular stood out - he openly advocated for moving the 2 Kenyan cases currently before the International Criminal Court (ICC) back to the region.
ICJ Kenya has been one of many Civil Society Organizations, both within Kenya and internationally, that are taking a very critical view of the Kenyan Government's attempts to halt the ongoing cases at the ICC. The current attempts to expand the jurisdiction of the East African Court of Justice to include criminal matters, including international crimes such as genocide, war crimes, and crimes against humanity has led to a unified call by civil society for more consultations and dialogue.
On 22 March 2012, ICJ Kenya launched Volume Ten of its Judiciary Watch Report series. The newest volume of this ongoing publication focuses on Economic, Social, and Cultural Rights. These 'ECOSOC' rights are becoming increasingly recognized and important, both internationally and now in Kenya, through Article 43 of the new Constitution of Kenya, 2010.
The launch was well-attended, and included guests such as the Chair of the Committee for the Implementation of the Constitution, Charles Nyachae, the German Ambassador to Kenya, Margit Hellwig-Boette, among other partners, donors, and friends. In particular, we were honoured to have the Chief Justice of the Supreme Court of Kenya, Dr. Willy Mutunga, on hand to officially launch the publication for us. It was a wonderful occasion for all involved. We would like to thank Konrad Adenauer Stiftung for their gracious support in making the Judiciary Watch Report series such a success.
The Chief Justice's remarks can be downloaded, below.
On 15 March 2012, ICJ Kenya attended the East African Court of Justice (EACJ) for the delivery of Judgement in a case brought jointly by ICJ Kenya, the Independent Medico-Legal Unit (IMLU), and the Pan-African Lawyers Union (PALU) in Arusha. IMLU had commenced the case on behalf of victims of torture. ICJ Kenya was on record as Amicus Curie. This case has been at the EACJ for over one year now, and was at the appeal stage.
In our view, the matter was prematurely stuck out at the appeal stage for having been filed ‘out of time’. The question on the jurisdiction of the court from the judgement is still, regrettably, unclear.
Attached is a joint press statement prepared between ICJ Kenya, IMLU and PALU.
ICJ Kenya was in attendance at the Truth Justice and Reconciliation Commission’s thematic hearings into Access to Justice continued on 2nd March 2012 at the NHIF Auditorium in Nairobi. The hearing was commenced with a panel comprising Commissioners Prof. Tom Ojienda, Margaret Shava, Amb Berhanu Dinka, presided over by Judge Gertrude Chawatama.
ICJ Kenya's Executive Director, Mr. George Kegoro, gave four key recommendations for improving access to justice in Kenya.
On 9th February 2012, ICJ Kenya appeared in the mention of the case of Nairobi Law Monthly Company Limited (petitioner) v. KENGEN & Edward Njoroge. The case involves the petitioner, Nairobi Law Monthly, requesting information from KENGEN regarding contracts that the company entered into with foreign companies. The petitioner had published an article, where it alleged that these transactions were of a fraudulent & corrupt nature. The case has been filed as a public interest case, as the petitioner seeks to safeguard millions of shillings that could be lost by the taxpayer. At the same time, Edward Njoroge has launched an action for defamation against Nairobi Law Monthly. Our interest in the case stems from the petitioner's attempt to expose the transactions through Article 35 of the Constitution which guarantees the right to access of information.
