Contents have emerged of a letter from the Attorney General Kihara Kariuki to the duty judge presiding over the Finance Bill 2018 suit filed by activist Okiya Omtata.
In the letter authored by Solicitor General Kennedy Ogeto, the AG wanted an audience with the duty judge before the court issued direction on the controversial bill.
“The purpose of this letter is to humbly and most respectfully request the court to accord the AG a hearing before it can consider granting any orders against him,” read the document.
However, the request was rejected by High Court Judge Winfrida Onkwani who termed it as a form of interference.
She further rebuked the move adding that such communication did not promote the independence of the court.
Lawyers Chacha Odera and Charles Mutinda, who were representing Kihara, apologised in court claiming the interference was not intentional.
"The letter was only written out of concern about orders which may have been given without hearing the Attorney General," stated Chacha.
Omtata had sued the AG and the National Assembly over the act that imposed 8 per cent VAT on fuel.
The celebrated activist claimed that the Speaker of the House presented a dead bill to the president for assent.
He explained that the bill ‘died’ when it failed to gunner two-thirds support of the members during the chaotic session.
The respondents were directed to file their replying affidavits and submissions before September 28, 2018. The case will be heard on October 9, 2018.
