An application by Police Commissioner Gari Baki in seeking leave to appeal the decision of a single Supreme Court judge will return tomorrow before the Chief Justice for further directions.
The matter that has been listed on the Supreme Court Fast Track list to be expedited after Commissioner Baki filed an appeal seeking leave before a full Supreme Court bench.
Baki’s appeal before the High court returned to court today where Sir Salamo allowed one final adjournment to give Baki’s lawyer Nicholas Tame time to sort affidavits of service before the Court registry by close of business today.
Sir Salamo made “one last adjournment” of the matter to give time for parties to settle the index book before the matter can proceed before the full Supreme Court bench.
The appeal was filed after Justice Collin Makail was sitting as a single Supreme Court judge refused Baki’s application seeking leave to appeal two decisions of the National Court allowing a judicial review for sacked senior police officers, Thomas Ehuh and Timothy Gitua.
Baki’s application was seeking leave to appeal the decisions of the National Court handed down on Oct 30, 2015 by acting Judge Leka Nablu (then) in two separate but related proceedings when she allowed leave for a judicial review to be conducted into the manner in which Eluh and Gitua were terminated.
Both officers were terminated in September last year for disciplinary reasons. Eluh is the Assistant Police Commissioner (Crimes) and Gitua is the Assistant Director for the National Fraud and Anti-Corruption Directorate.
Justice Makail in refusing the appeal on Feb 2 upheld the finding of lower court that it would make no sense to ask the Police Commissioner to review his earlier decision when he terminated the two officers.
Acting judge Nablu (Then) in granting leave on Oct 30, 2015 said both officers had an arguable case and it was inappropriate to have the Police Commissioner review his own decision.
She said it was only proper it comes before the National Court for Judicial review.
Eluh and Gitua were terminated on September 23 and 28 respectively. However, their respective termination has been stayed by the court pending the outcome of the Judicial Review before the National Court.