The new rules seeking to speed up the prosecution of criminal cases took effect yesterday when a Nairobi court declined to refer a case by former public prosecutions boss Philip Murgor to Chief Justice Evan Gicheru.
Mr Justice Gicheru had earlier gazetted the new rules that make it difficult for suspects to obtain court injunctions. The High Court Practice and Procedure Rules say that a constitutional application can be heard by a single judge, hence vesting the powers of interpreting the Constitution with the High Court.
High Court judge Roselyne Wendoh declined to grant the application by Mr Murgor, saying that the new rules did not provide for the matter to be referred to the CJ.
However, the judge adjourned the case to April 4 following an application by Mr Murgor’s lawyer, Mr Cecil Miller.
Yesterday’s order arose out of an application by the former DPP seeking to challenge the revocation of his passport and firearm licence.
He had on two occasions unsuccessfully sought orders to stop the police from arresting and prosecuting him in connection with the multi-billion-shilling Goldenberg scandal.
Mr Murgor had sued the attorney-general, the commissioner of police, the chief firearms licensing officer, the principal immigration officer and the Government spokesman over the cancellation of his passport.
He claimed that the decision to take away his passport was intended to stop him from travelling to the UK to meet former Ethics and Governance permanent secretary John Githongo.
Mr Murgor said he was recently in touch with Mr Githongo and was to accompany the Public Accounts Committee to London to record his evidence on the Anglo Leasing scandal.
Mr Murgor was among prominent personalities ordered to surrender their passports and firearms to the police pending further investigations into the Goldenberg affair.
His passport was issued on May 9, 2003, and the gun permit in March 1991.
Mr Murgor had sought an order to have the immigration officer stopped from impounding his passport. He also wanted the firearm licensing officer stopped from revoking his certificate or withdrawing the gun, pending the hearing of the case.
In response, the State said Mr Murgor’s application was an abuse of the court process because he was seeking to direct police investigations into the Goldenberg affair in a particular manner to exclude himself from the investigations.
The granting of a firearm licence, the State said, was not a constitutional right.
