NATION Correspondent
Wednesday, May 16, 2007
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Judges Joseph Nyamu, Roselyne Wendoh and Mathew Anyara Emukule said it will not be prudent to determine whether the relatives have authority to lodge the case against the government or not.
Nature of claims
The judges also deferred their ruling on locus standi (authority to file a case). According to them, the issue should be dealt with in their final judgement and not at this preliminary stage.
Some of the factors considered by the three judges to reach that conclusion are the novel nature of the claims and the fact that the challenge before court could require a restatement of State responsibility under section 84 of the Constitution.
Yesterday’s decision arose out of an application by the State to have the case dismissed on grounds that the relatives lack locus standi to institute the case.
The kin are seeking for an order to have a public inquest conducted and also want the district magistrate’s court in Wajir to immediately open an inquest file relating to the Wagalla massacre.
Criminal conduct
Also sought is an order that the result of the inquest be forwarded to the attorney-general within 30 days of conclusion of the inquest.
The more than 10 relatives also sought for a number of declarations to be made by the court in the case.
Among them is a declaration that the events that took place at the Wagalla airstrip between February 10, 1984 expose commission of crimes by known people serving in public service.
And the court, they said, should order that the perpetrators of the crimes be brought to account in a criminal court for their conduct.
The relatives are also seeking compensation.
Source: Daily Nation, May 16, 2007