Goldenberg Commission of Inquiry Report - Mars Group Kenya

uling for one moment, and let us look at the issue as
lawyers.”
25. It was quite clear to us that he was trying indirectly to raise the
same issues we had ruled on. Consequently we ruled that the High
Court order was not capable of compliance. Thereafter the hearings of
the Commission proceeded on uninterrupted for some time.
26. Then came 6 th July, 2003 Mr. Kamlesh Mansuklal Pattni, who with
one James Kanyotu, are the directors and only shareholders of
Goldenberg International Ltd, was prevented by the police from boarding
a Dubai bound flight and his passport was seized. It was alleged that the
seizure of the passport was on orders from this Commission. His
counsel Mr. Rebelo, complained that the seizure was illegal and
unconstitutional arguing that the said passport which had earlier been
surrendered to the High Court on orders of a judge had been released to
him by that court to enable him make the trip to Dubai. Besides, that
the Commission was acting in breach of a court order and infringing the
rights of his client to travel to a destination of his choice. He added that
investigating officers who were attached to this Commission had insisted
on recording a statement from his client contrary to the law as in his
view his client having been served with an adverse notice under Section
3 of The Commissions of Inquiry Act no one had the right to demand a
statement from him. He could only voluntarily testify on his own behalf
and call witnesses in support of his case and no more.
27. Apart from the last issue we did not think the matter called for a
ruling as we considered it purely administrative and we advised counsel
as much. But as regards the last issue we ruled through the Chairman
in the following terms:
“Let me cut you short. Let me remind you of the rules of
this Commission. One of the rules says that no one
should make a statement prejudicial to the proceedings of
this Inquiry, particularly statements out there, where we
have no opportunity of asking anybody questions on what
he or she has said. Secondly, personally, I do not like
dealing with administrative matters here. I would rather