10. The Complainant further alleges that the Respondent State permitted Justice Ngugi
to allow advocates of the Respondents to fix ex parte hearing or mention dates of the
constitutional petition without the Complainant's involvement and to also dismiss the
aforesaid constitutional petition in violation of various provisions of the rules
published by the Chief Justice of Kenya, the Civil Procedure Rules of 2010, and the
Constitution of Kenya, thereby subjecting the Complainant and the Victims to unfair
and unlawful treatment, discrimination and condemnation contrary to the provisions
of the African Charter.
11. Through the unlawful dismissal of the constitutional petition, the Complainant
alleges, Justice Ngugi deliberately created a rift of misunderstanding between the
Complainant and his clients (the Victims) which could trigger a complaint against
him, and which the Law Society of Kenya’ Would use to'disbar him from legal practice
in violation of his socio-economic rights.
<
12. . The Complainant avers that thé delibera
widespread unlawful treatment, intimida
smissal of the pétition was part of the
i
sment, and economic
sanctions
his firm is being subjected to by the Respond
legal practice as a punishment in retri
official wrongdoing inhis cARacity as
ate with the aim of crippling his
ion following previous exposure by him of
uman rights defender.
13, The Complainant bide that he fas lodged the Complaint with the Commission
because local judicial remedies are not effectively available to him and to his clients
and that such local remedies cannot be»pursued without hindrances, owing to
mistrust and lack of professional respect between him and the Judiciary of the
Respondent State.
14, The Complain
nt a
other international
i dicated that the petition has never been presented before any
ite settlement forum or before any other treaty body for
settlement or adjudication.
Articles alleged to have been violated:
15 . The Complainant alleges violation of Articles 2, 3, 4, 5, 6, 7, 8, 12, 15, 19, 22, and 24 of
the African Charter.
Prayers:
16. The Complainant requests the Commission to:
3 Rules published by the Chief Justice under Article 22 of the Constitution.