Mr Steven Kay is seeking orders for protection of petitioner’s rights under the Constitution and for information. FILE
By Galgallo Fayo
A lawyer representing President Uhuru Kenyatta
at the International Criminal Court has applied for confidential hearing
of a case involving mobile service providers Safaricom and Airtel.
Steven Kay, through the law firm of Ogeto, Otachi and Co advocates filed the application at the High Court’s constitutional division on Friday.
Although it was not immediately clear what kind of information and protection the lawyer is seeking, mobile service providers retain logs of calls passing through their systems.
The application seeks to limit access to the file of the suit only to the parties.
“The Court do make orders for the confidential filing and hearing of the intended constitutional petition to be filed by the petitioner,” reads a court record. We could not access the file because it was said to be confidential.
2007 election
If granted, the orders would be a major break from
the practice where information on judicial proceedings is open to the
public except in the family division where privacy rules.
Mr Kay is seeking orders for protection of petitioner’s rights under the Constitution and for information.
Mr Kay is seeking orders for protection of petitioner’s rights under the Constitution and for information.
The opening of the trial of Mr Kenyatta is
scheduled for November 12 while that of Deputy President William Ruto
starts on September 10. The two are charged with crimes against humanity
together with radio journalist Joshua Arap Sang.
Mr Kenyatta is accused of orchestrating deadly violence after the 2007 election, an allegation he denies.
About 1,000 people were killed and 600,000 people fled their homes during the violence which followed the December 2007 poll.
Early this year, the ICC dropped charges against one of Mr Kenyatta’s co-accused, Francis Muthaura after key witnesses pulled out.
The ICC said a fortnight ago that two witnesses due to testify in the President’s trial withdrew over security concerns while evidence of a third witness was dropped.
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