Mugo files case to block TJRC report

August 2, 2013 2:56 pm
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The politician lodged an urgent application on Friday accusing TJRC of associating her with irregular acquisition of land without credible evidence/FILE
The politician lodged an urgent application on Friday accusing TJRC of associating her with irregular acquisition of land without credible evidence/FILE
NAIROBI, Kenya Aug 2 – Nominated Senator Beth Mugo wants the High Court to stop the implementation of the Truth Justice and Reconciliation Commission (TJRC) report, in which she is adversely mentioned as one of those that irregularly acquired land during the late President Jomo Kenyatta’s regime.

The politician lodged an urgent application on Friday accusing TJRC of associating her with irregular acquisition of land without credible evidence.

Mugo’s lawyer Jennifer Shamalla claims the TJRC report “is inaccurate and deliberately designed to wrongfully implicate and destroy her standing in the society and eventually strip and permanently deny her of the right to dignity.”

“The findings of TJRC, Mugo argues are an attack on her reputation and the allegations are tantamount to discrimination to arbitrarily deprive of her property,” said Shamalla.

The Nominated Senator is aggrieved by TJRC’s decision to name her as one of the key personalities who benefited from irregular land deals during Kenyatta’s administration to acquired prime land at the coast, mostly beach plots.

Shamalla says the court should issue orders prohibiting the Attorney-General from “implementing the offensive recommendations contained in the report’ until the report reflects a true record of events.”

Mugo believes that the orders she is seeking should be granted to restore the rule of law and as a remedy against unfair treatment by public authorities.

High Court judge Isaac Lenaola in June declined to grant similar orders sought by a lawyer and a Nairobi businessman who wanted the TJRC report withheld from Parliament until a case they have lodged challenging some of the recommendations is heard and determined.

Through their lawyer Kioko Kilukumi, they wanted the High Court to block the Speaker of the National Assembly, Clerk and the Leader of Majority from admitting or having the report tabled in Parliament before the suit was dispensed with.

Kilukumi said a recommendation in the report – that the President, the Chief of Defence Forces, the NIS boss and the Judiciary make a public apology – threatens the fundamental rights to freedom of conscience.

TJRC recommends that the President offers a public apology for all the injustices and violations of human rights committed by successive governments within six months of the release of the report.

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