Communication 524/15: Peter Odiwuor Ngoge & 3 Others v. The Republic of Kenya
Summary of the Complaint
1,
The Secretariat of the African Commission on Human and Peoples’ Rights (the
Secretariat), received a complaint on 15 December 2014 from Peter Odiwuor Ngoge
(the Complainant), representing himself and his clients, John Mwangi Muhia, Charles
Muema, and Bronx Estate Limited (the Victims), against the Republic of Kenya
(Respondent State), a State Party to the African Charter on Human and Peoples’
Rights (the African Charter).!
:
2.
The Complainant submits that he is an-advocate of the High-Court of Kenya, and
practices in the law firm O. P. Ngoge & Associates.
3.
The Complainant submits that.on 08° June 2012 the Victims, represented by the
Complainant, filed a constitutional petition (No. 269) seeking the’intervention of the
High Court of Kenya for enforcement
of their fundamental human rights, which they
claimed to have been violated by the
Director of Public Prosecutions and four other
Respondents. The alleged violation:
e
ta
the alleged offence of breaking ani
aling the hotel goods of the fourth
Respondent,
‘conscionable and unreasonable”
as well as setting
amount and the attempt to execute the committal orders against both Mr Muhia and
Mr Meuma, for alleged contempt of the
orders of the Business Premises Tribunal
issued
2, December 2011 (execution of which had been stayed, according to the
Complai
t, on’05 January’2012), 2
4. The Complainant alleges that Justice Mumbi Ngugi on 25 September 2012 halted the
hearing of the constitutional petition of 08 June 2012 and postponed it indefinitely to
give the Attorney-General and the Respondents’ advocates time to file their responses
belatedly. The petition was listed for mention for further directions on 15 October
2012.
5. The Complainant avers that on 15 October 2012 Justice Ngugi did not sit and instead,
Justice Majanja directed that the case be relisted for mention on 02 November 2012
before Justice Ngugi. However, the Complainant claims that the Respondent's
advocates who were present in court on 15 October 2012 deliberately failed to serve
1 The Republic of Kenya ratified the African Charter on 23 January 1992.
? Original Complain Annexes, p 11.
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