Omtatah wants 3-judge Bench for SGR case
Says AG should not have filed a judicial review after construction was stopped
An activist has accused the State Law Office of setting a dangerous precedent by suing tribunals for decisions they make in discharging their duties.
Okiya Omtatah is fighting a judicial review application filed by the Office of the Attorney General against an order made by the National Environment Tribunal.
The tribunal temporarily stopped the second phase of the standard gauge railway, which cuts through the Nairobi National Park. Aggrieved by the decision, the AG filed a review, instead of an appeal.
Omtatah says judicial review applications are supposed to be filed by citizens aggrieved by government decisions, not government filing against one of its agencies.
He said if this is not stopped soon, the AG might file such applications against judges. Omtatah said the tribunal is not a corporate body and cannot be sued, but the AG sued on its behalf.
He wants the case sent to Chief Justice David Maraga for constitution of a three-judge Bench.
The tribunal order was given following an application by Omtatah, who said the government went on with construction work without conducting studies and decided that the SGR will cut through the park, which is “wrong”. It also did not get Parliament’s approval, he said.