SUPREME COURT GRANTS INJUNCTION AGAINST ANY FURTHER ARREST OF PRIME MINISTER. /////////////////////////////////////////////////////////////////////////////////////////////////////////////////// Supreme Court has granted interim injunction/restraining orders against Police from effecting any further arrests against the Prime Minister in relation to the Paraka-gate Scandal. The orders also include restraining police from taking any action of threatening, intimidating the Prime Minister, his staff or lawyers and lastly a interim stay on recent contempt of court proceedings filed and served against thirteen policeman by National Fraud & Anti-Corruption Directorate. Lawyers for National Fraud & Anti-Corruption Director Superintendent Mathew Damaru and his Deputy Mathew Gitau appeared to argue against the Application however the Supreme Court ruled they lacked sufficient standing or interest in the matter to be allowed to join. Therefore the PMs application was heard unopposed. Supreme Court however did state both National Court proceedings dealing with the Arrest Warrant against the Prime Minister and the contempt proceedings against Vaki will proceed. /////////////////////////////////////////////////////////////////////////////////////////////////////////////////// Post Analysis Given the recent serious altercations between the Police and to ensure peace and good order the Court in its wisdom stayed any further attempts to arrest the Prime Minister. Although many may not agree, the fact remains it would easier to deal with three issues before the Court rather multiple proceedings. Hence any further arrests on the same matter would only initiate further court proceedings and matters for the Court to consider. The three issues currently before the Court are: 1) Warrant of Arrest in National Court - pending 2) Appeal by James Marape against National Court decision - pending 3) Contempt of court proceedings against Police Commissioner - trial 30th October 2014 It has become clear the central problems in these matters lie at the top rank being Prime Minister and Commissioner of Police rather than the bottom rank and file. For now the Court only wants to deal with arrest warrant against the Prime Minister and contempt proceedings against Police Commissioner Geoffrey Vaki and appeal by James Marape all three matters are connected to Paraka Lawyers Issue. I suspect all three of these cases will now be expedited (fast tracked) by the Court. Vakis contempt hearing is scheduled on 30th October 2014 should the Court find him guilty then those who followed his orders may face the same fate. Hence why the court expressed the view it was premature and unnecessary to deal with them now. By no means does it mean they are immune from facing charges. It just made sense to deal with the Commissioners case first. The same goes for the arrest of the Prime Minister there would no point arresting him on the same issue when there is already a warrant issued for his arrest. There is also the issue of Prime Ministers referral to the Public Prosecutor to face Leadership Tribunal this matter is still to be dealt with and by no means exhausted. Im currently working a post that looks into where this matter is and what has been holding it up.
Posted on: Thu, 23 Oct 2014 04:52:13 +0000
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