TRUSTED SOCIETY OF HUMAN RIGHTS ALLIANCE V. MUMO MATEMO, ATTORNEY-GENERAL MINISTER FOR JUSTICE & CONSTITUTIONAL AFFAIRS, DIRECTOR OF PUBLIC PROSECUTIONS, KENYA SECTION OF THE INTERNATIONAL COMMISSION OF JURISTS & KENYA HUMAN RIGHTS COMMISSION

RULING

A. BACKGROUND

[1] The Petition before the Court is an appeal by Trusted Society of Human Rights Alliance against the judgement and decree of the Court of Appeal (Kihara Kariuki, Ouko, Kiage, Gatembu Kairu and Murgor JJA) dated 26^th July, 2013 which reversed the High Court decision that had annulled the appointment of the 1^st Respondent, Mumo Matemo, as the chairperson of the Ethics and Anti-corruption Commission.

[2] Upon the institution of this Petition the Law Society of Kenya (LSK) filed an Application dated 15^th October, 2013 seeking to be enjoined in the matter as an interested party. The matter came up for mention before the Deputy Registrar on the 23^rd January, 2014, and the possibility of admitting LSK to the proceedings by consent was considered. However, no consent was forthcoming, as the Petitioner indicated that it would oppose the application. Parties were advised to file and serve their responses to the LSK’s application, and the matter was scheduled for hearing on t…