Judicial review

This comes after a three-man Supreme Court bench quashed a decision of the National Court, that summarily dismissed a judicial review he filed in the National Court to review the district court’s decision to

full court found that the decision to dismiss the Judicial Review on Nov 12, 2015 was an error of law.

The court also found that in the decision of Nov 12, 2015, the judge misinterpreted or misapplied an earlier commit his case for trial on fraud related charges.

A three-man Supreme Court bench allowed an appeal by Prime Minister Peter O’Neill and set aside the joinder of Matthew Damaru and Timothy Gitua in the judicial review proceeding that was filed by Geoffrey Vaki in his capacity as the Police Commissioner (then) in 2014.

Justices Derek Hartshorn, Stephen Kassman, and Ambeng Kandakasi in a unanimous decision found that the National Court judge fell into error when he allowed the joinder of the two on Dec 7,2015.

The case stems from his decision to dismiss then Director of Crimes Thomas Eluh and Timothy Gitua from Office in 2015.

The Supreme Court agreed with the National Court’s decision that granted Eluh and Gitua leave to apply for judicial review of the commissioner’s decision to terminate them.

The Commissioner was told today that he cannot review his own decision as the primary decision maker and the case will now proceed to the National Court for the judicial review.