LSK claims file on case against AG has vanished

The Law Society of Kenya (LSK) has written to the Chief Justice over the alleged disappearance of a court file in a case in which the Attorney- General is involved.

The AG, Githu Muigai, seeks to stop the bar association from proceeding with any action against him over how he handled the Anglo Leasing cases.

In a letter to Chief Justice Willy Mutunga, LSK says the disappearance of the file “is deliberate and aimed at prolonging the injunction and to defeat the ends of justice.”

Prof Muigai, together with solicitor-general Njee Muturi and deputy solicitor-general Muthoni Kimani, are under scrutiny over their handling of the court process that resulted in the payment of a Sh1.4 billion Anglo Leasing contract.

LSK has petitioned Parliament to start proceedings to remove the Attorney-General from office.

READ: LSK threatens to bar Githu from future legal practice

In the petition dated May 19, 2014, the LSK wants the A-G sacked for allegedly violating the Constitution, for alleged gross misconduct and for delegating power and instructions to Mr Muturi to represent Kenya in the case without a licence to practice law in England or Wales.

Prof Muigai obtained orders on June 27 barring the LSK from contemplating any action against him. High Court Judge Weldon Korir granted him the orders.

The judge further ordered that both the LSK and the Council of the Law Society of Kenya be barred from holding any meeting to discuss Mr Githu’s conduct in relation to the said case.

The case was to be mentioned on July 9, but it was not listed on the cause list.

“We enquired from your chambers and we were informed that the file had been transmitted to the Milimani Law Court Registry after you had constituted the panel of Justice Korir, Justice Mumbi and Justice Odunga.

“On further enquiry from the executive officer, we were informed that they do not have the court file,” the LSK said in their letter to the Chief Justice.