Lawyers move to court of Appeal after judge throws petition on payments out

By PAMELA CHEPKEMEI

Kenya: The battle by Kenyan lawyers to stop Treasury from paying two companies involved in the Anglo Leasing scandal has found its way to the Court of Appeal.

The move comes days after President Uhuru Kenyatta directed Treasury to pay the cash. The Law Society of Kenya (LSK) wants the court to stop Treasury from making any payments because doing so would interfere with the enjoyment of economic and social freedom and rights of Kenyans.

LSK has faulted a judgement entered against the Government of Kenya by a London court last year.

“A judgement that forces the people of Kenya to pay for corrupt deals is contrary to public policy,” said LSK lawyer James Mwamu.

LSK lodged an appeal against a decision by the High Court declining to temporarily halt payments until their case is heard and determined.

LSK is contesting a decision by Justice David Majanja declining to stop Treasury from initiating a process that will result in payment of Sh1.4 billion to First Mercantile Securities Corporation and  Universal  Satspace.

The society is opposed to the Government making any payments because the contracts were based on questionable deals and were tainted with corruption.

LSK says it has filed the case in pursuit of public interest to protect the taxpayer from meeting expenses for corrupt deals.

LSK argues that the proceedings in the London Court were conducted in a manner that suggests there was no natural justice and the Kenyan Government was not given a chance to argue its case.

The society first moved to court on May 5 seeking interim orders against Finance Cabinet Secretary Henry Rotich  and the Attorney General. Justice Majanja declined to issue conservatory orders stopping the payments, saying the payments were not likely to be made soon.

Following the decision, LSK made a second urgent application last  Thursday, seeking orders to halt any payments. It also  sought  to be allowed by the High Court to move to the Court of Appeal.

LSK wants to appeal against a decision by judge Majanja declining to issue temporary orders stopping the payments.