Complainant and his clientele. However, the complainant does not refer to the content
of this ruling in making his argument, merely referring the Commission to the
relevant pages of the annexes. Unfortunately, the referenced pages of the evidence
submitted do not contain the referenced matter, and the Commission was thus not
able to review the Vetting Board ruling. The Complainant further argues that the
failure of the Vetting board to remove ‘recalcitrant judges’ whom he had named,
exposes him “to revenge, retribution and retaliation” by judicial officers and their
friends for having exposed their “official wrongdoings.” This is a very strong
assertion, which is not backed up by arguments or.evidence, and the Commission
thus cannot make a finding of unavailability, ray, or effectiveness of local
remedies based on this statement.
48. The second argument made by the Compl inantin order to support his allegation that
there is general mistrust and lack of p:
fessional respect between
himself and the
judiciary and that there are artificial impediments being placed’on his way, is through
listing examples of ways in which he alleges that the Kenyan judiciary has, through
various
interactions
that
he
had
with
them,
denied
him
effective
local
judicial
remedies. The Commission
has held in its jurisprudence that “it is incumbent on every
complainant to takevalhnecessary steps
to
r atleast attempt the exhaustion
of, local remedies. It is not enough for the complainant to cast aspersion on the ability
of the domestic remedies
of the State due
to isolated
or past incidences”.!” For
nineteen (19) of the twenty-seven (27) allegations of ways in which the State structures
attempt to deny him remedies, there is no evidence whatsoever provided to support
the assertions. These allegations are also phrased in a very general manner, such as
the claim
that the Complainant is subjected to “massive deliberate selective or
differential ‘application of the
Rule of Law”. Such assertions do not meet the
Commission's specificity Tequirements and thus do not allow the Commission to
investigate the claims. 1
49. With regard to another of the twenty-seven (27) allegations, namely the reference to
‘threatening and intimidating your humble petitioner [without any lawful basis] with
arrest and imprisonment’, the judge who ordered this is named, thereby giving a clear
indication that this was an isolated incident before a specific judge. For a further five
allegations the Complainant refers the Commission to specific pages of the annexes,
which references do not correlate with the annexes, and thus the Commission is not
able to rely on any evidence in this regard in coming to its finding.
7 Anuak Justice Council v Ethiopia para 58.
'8 See Communication 104/94, 109/94 and 126/94 Center for the Independence of Judges and Lawyer;
and Others, paras 5-6.
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