By Agwanda Saye
A regional lawyers’ body want Chief Justice Willy Mutunga to commission an independent expert towards ending the Court of Appeal stalemate.
The East Africa Law Society (EALS) President Mr. James Aggrey Mwamu said that two contradictory reports on the safety of the Elgon Place building in Nairobi is causing confusion. “Two reports in public domain over health risks caused by telecommunication masts next to the building (Elgon Place) where the Court of Appeal should relocate in Upper Hill caused the stalemate,” Mr. Mwamu said.
The Communications Commission of Kenya (CCK) declared the multi-storied building safe but the Radiation Protection Board expressed reservations.
Court of Appeal Judges have refused to relocate to the building arguing that intense exposure to the telecommunication equipment, which releases radioactive emissions, could lead to sickness and even death.
“The Chief Justice should not snub the fundamental health concerns raised by the Judges,” Mr. Mwamu said. The EALS President said that even the Law Society of Kenya (LSK) raised the red flag over dangers posed by the alleged radioactive masts.
“The LSK are also major stakeholders in delivery of justice and their doubts on health should not be shoved aside,” Mr. Mwamu said.
The EALS President wondered the hurry in relocating the Court of Appeal arguing the Supreme Court where they are currently located is not crumbling.
“The Judiciary deals with fundamental rights of citizens and the Court of Appeal Judges should be protected by similar provisions provided under the Constitution,” Mr. Mwamu said. The EALS President also proposed that the Judiciary call a meeting with the Judges towards settling amicably the stalemate that may cause miscarriage of justice.
The LSK recently also warned lawyers against taking cases to the Upper Hill building until experts cleared the health concerns.
The relocation from the Court is part of a plan to refurbish the building and acquire new premises for the Judiciary over the next five years. Elgon Place was leased for that purpose. The lease has not been without controversy as it is one of the issues between the Judicial Service Commission and Chief Registrar Gladys Boss Shollei.
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