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Accountability

Scenario 4
Justice Nemar is a member of the Supreme Court. He has served in the judiciary for all of his professional life. He is in charge of determining whether the Supreme Court should review a case where an NGO called Tazama ChapChap filed a Freedom of Information request about the nature of a Government bank account that was not fully described in a recent report from the Auditor General. Because of his familiarity with these matters, Justice Nemar comes to the conclusion that the bank account is probably a military account for undercover operations in Somalia, and that exposing it could lead to an increased danger for Kenyan undercover agents currently operating in Mogadishu. Justice Nemar knows that it would be easy to invent procedural grounds for not having the Supreme Court review the case. Should he use procedural grounds to avoid the hearing?


73. (2) The guiding principles of leadership and integrity include—
(c) selfless service based solely on the public interest, demonstrated by—
(i) honesty in the execution of public duties.