NAIROBI, July 20, 2004 (The Nation) – Somali faction leader Hussein Aideed has challenged the Kenyan courts' power to try him.
Through lawyer Mathew Oseko, he claimed yesterday the reconstruction contract that led to a Sh15 million judgment against him had been signed between Kenyan businessman Ijaz Ganijee and the Somali government.

The case was before High Court judge Mohammed Ibrahim for the hearing of an application by Mr. Aideed.

Said Mr. Oseko: "The issue of jurisdiction is being raised and, according to Mr. Aideed, we will be pursuing an exercise in futility.
"We want all the proceedings put on hold until the issue is sorted out."

But Mr. Job Thiga, the businessman's lawyer, argued that the court had the power to hear and determine the case.

Mr. Aideed as the judgment debtor, he said, had admitted that he was ready to adhere to the Kenyan law.

He said there was a debt and a counter-claim of Sh8 million by Mr. Aideed. Last month, the faction leader, who is out of jail pending the hearing of the case, has urged the court to set aside the judgment against him.

The delegate to the Somali peace talks argues that the debt was incurred by the ousted Somali government and not by him as an individual.

He claimed he was the wrong party to be sued in an agreement to oversee the repair of the infrastructure, industry and the communication network.

 

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