Police Commissioner Baki seeks to stay officers’ review

Police Commissioner Gari Baki has gone before the Supreme Court seeking to stay the review into the termination of Thomas Eluh and Timothy Gitua.

Baki filed an application on April 1 before the High Court asking to stay the Judicial review of the officers termination in the National Court.

He is seeking stay orders until his appeal at the Supreme Court is determined.

His lawyer Nicholas Tame moved the application before Justice Stephen Kassman today however that has been adjourned to April 29 before the Supreme Court full bench.

A three-man bench will hear the application next Friday.

The Police Commissioner filed the appeal for the Supreme Court to determine whether leave was properly granted in the National Court when it allowed a judicial review into Eluh and Gitua's termination.

Leave for the Judicial Review was granted at the National Court on Oct 30 last year by acting judge (then) Leka Nablu.

Eluh and Gitua were terminated on the 23 and 28 of September respectively. However their respective termination has been stayed by the court pending the outcome of the Judicial Review before the National Court.

Also returnable on next Friday is Baki's application seeking leave of the Supreme Court full bench to appeal the same two decisions of the National Court in allowing leave for the Judicial Review.

On Feb 2, Baki went before Justice Collin Makail who sat as a single Supreme Court judge seeking leave to appeal the National Court's decision.

This application was refused.

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.

Caption: File picture of Eluh and his lawyer McRonald Nale.

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Sally Pokiton