ACH PR _r·���p:-- "· ·· African Commission on \� Human Hi9hts our Collective Responsibility • f) Human and Peoples· Rights m11w Complainant alleges that this lawsuit was a strategic move to divert his attention from the ongoing complaint before the JSC. Furthermore, he contends that Hon. Muiruri, who was in a position to interfere with the court file, 6. intended to manipulate the judgment against him. By doing so, the Complainant argues that Hon. Muiruri deliberately undermined the administrative independence of the JSC and deprived him of a fair trial. 7. The Complainant states that the law firm representing Hon. Muiruri sought an ex parte judgment against him, even though the Deputy Registrar, Hon. Mr. Muya, who worked under Hon. Muiruri's supervision, lacked the jurisdiction to do so and was acting under his boss's instructions. 8. The Complainant submits that on May 2, 2008, he filed an application with the High Court to have the ex parte judgment set aside. On September 26, 2008, the application was successful, and he was granted permission to file his statement of defense against Hon. Muiruri. However, he was required to pay Hon. Muiruri1 s costs, which prompted him to file a Notice of Appeal against the ruling. Simultaneously, he requested the Deputy Registrar to provide him with certified copies of the proceedings and the verdict to facilitate the compilation of the Record of Appeal. The Complainant alleges that while handling his own file, Hon. Muiruri provided him with incomplete and falsified certified copies, including tampering with the date of delivery of the ruling. 9. The Complainant asserts that after an investigation by the JSC, Hon. Muiruri was terminated from judicial service via letters dated October 26, 2009, and March 22, 2010. Consequently, Hon. Muiruri lacks legal justification to maintain the defamation lawsuit filed a decade ago, which tarnishes the Complainant's professional reputation. However, on September 2, 2012, the Complainant's application to dismiss the defamation suit based on Hon. Muiruri 's compulsory retirement was rejected. 10. The Complainant states that on October 1, 2012, he filed a Notice of Appeal in the High Court and simultaneously requested the Deputy Registrar to provide him with certified copies of the proceedings and the ruling. He alleges that the Deputy Registrar caused inexplicable and excessive delays, spanning approximately five years from October 1, 2012, to July 17, 2017, to supply the requested copies. The Court has acknowledged its respo prolonged delays and issued a Certificate of Delay on July 2 African C ' Rights District, e Gambia Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-union.org 31 htt,·H·•/-:,,rh nr ,,, int/{") 0 D