When Judge Charles Hungwe from Zimbabwe arrived in Lesotho earlier this year to start work on a series of controversial trials, he was given a warm reception in the local media. But matters have changed since then with the accused in some of the cases over which he was due to preside proving rather less than welcoming. In fact, 16 accused due to stand trial before him have brought an application for his appointment – and the appointment of all other foreign judges who might hear the pending cases – to be declared unconstitutional. The 16 accused were led by Lesotho’s former defence minister, Tseliso Mokhosi. Their ultimately unsuccessful application was based on the argument that the foreign judges had been appointed with the connivance of the executive, to ensure the conviction of the accused and their harshest possible punishment, even the possible death penalty. The court however dismissed these allegations as “scurrilous” and “deplorable”, and found that the executive had not acted improperly.
A PROMINENT senior lawyer in Kenya, Professor Tom Odhiambo Ojienda, has persuaded the high court in Nairobi to order that the country’s tax bosses give him a current tax compliance certificate. This despite the Kenya Revenue Authority’s earlier refusal to do so. The tax authorities say the lawyer owes them a lot of money and so they won’t issue the certificate. But Ojienda told the judge he needed the certificate so that he could contest a seat he wants to keep – on Kenya’s Judicial Service Commission, the body that helps select the country’s judges.