Kenya’s independence party KANU has protested the delayed release of the typed KICC land ownership judgment, which the Court rendered on Monday, June 3, 2024.

In a statement on June 7, the party expressed its frustration with the Environment and Land Court for withholding the signed copy of the judgement on the case of ownership of the parcel of land on which KICC sits.

The party termed the court’s actions as “a well-choreographed scheme” aimed at blocking its next course of legal action following the ruling.

“The KANU Party wishes to publicly express its vehement frustrations with the Environment and Land Court in what is emerging as a well-choreographed scheme to block its next course of legal action following the ruling on the case of ownership of the parcel of land on which KICC sits,” read part of the statement.

Furthermore, the party also noted that its legal team has reportedly been waiting for five days to access the full judgement, but the court has yet to provide the signed copy.

“However, for the fifth day running, the party’s legal team has literally camped at the court’s registry waiting to be furnished with the signed copy of the “typed” judgement to no avail,” said KANU’s Director of Communications, Manasse Nyainda. 

KANU Demands 

KANU, which was in power for 24 years until 2002, warned that this deliberate obstruction threatens to hinder its ability to adequately prepare for the next legal steps.

Also Read: Court Delivers Verdict on KICC Ownership

“It is imperative that the petitioner’s lawyers comb through the substance of the judgement to appraise themselves of the grounds on which to base an appeal.”

Subsequently, the party is demanding for the immediate release of the judgement, citing the fundamental right to access court judgements and the threat to the rule of law posed by the court’s actions.

“The right to access court judgements is fundamental to the rule of law, and the court’s actions are antithetical to its very foundation of justice.”

“This inexplicable obstruction lends credence to the long hold view of the incessant abuse of judicial powers.”

Judicial Impunity

In addition, KANU noted that failure to release the judgement will confirm the party’s fears that the ruling was motivated by political considerations rather than a fair legal process.

“Failure to do so will confirm our worst fears: that the ruling was chiefly and cheaply motivated by political pandering to the whims of the powers that be.”

Also Read: KANU Ropes Ruto, Justin Muturi in KICC Land Tussle

The court’s actions have raised concerns over judicial impunity, and the party urges the court to refrain from setting a precedent that undermines the rule of law.

“The unwarranted withholding of the judgement constitutes a blatant disregard for the principles of fair legal processes and a gross transgression of our right to appeal.”

“The court must not set itself on a path of steady descent into judicial impunity,” said KANU.

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