Goldenberg Commission of Inquiry Report - Mars Group Kenya

them be barred, either by themselves or by their agents, servants or
officers from in any manner whatsoever preventing, detaining, delaying
or hindering his travel out of the country. For undisclosed reasons, but
we believe it was because the application was strenuously opposed, the
applicant withdrew the application.
29. But the matter did not end there. Wilfred Karuga Koinange,
Goldenberg International Limited, Kamlesh Mansukhlal Damji Pattni and
Job Kilach, subsequently took out proceedings in the High Court seeking
leave to commence contempt proceedings against this Judicial
Commission of Inquiry for alleged disobedience of the High Court orders
in High Court Misc. Civil Application No.359 of 2003.
30. In the meantime the Hon. Mr. Justice Aganyanya, the vice-
chairman of this Commission was suspended as a judge after a Tribunal
was appointed by the President under Section 62 of the Constitution, to
investigate alleged misconduct by him as a judge. This move meant that
he ceased to act as vice-chairman and commissioner, his appointment
having, in our understanding, been based on his status as a judge.
Further proceedings of the Commission stalled for about two weeks. The
remaining two commissioners could not legally continue on their own. It
is our view and we so recommend that to obviate such eventuality in
future citations in commissions should designate a quorum. It should be
recognized that the Chairman or any of the commissioners may, due to
perfectly legitimate reasons, be prevented from attending the inquiry. The
remaining commissioners should, in our view, not be incapacitated by
such non-attendance.
31. There were also, two previous interruptions because of two major
events at the Kenyatta International Conference Centre. The first event
was a National Schools Music Festival which is traditionally held at the
Conference Centre annually in the month of August. The second event