EXPLAINER: What closing of file ceremony is

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Closing of file also known as final submission is a court procedure usually done to show respect to a departed lawyer or a judicial officer.

This week a closing file ceremony was done on Wednesday to pay tribute and last respect to slain lawyer Willie Kimani who was murdered seven years ago.

The file is closed officially after a verdict has been delivered like in the case of Willie where the accused were found guilty and jailed for the murder.

The procedure of closing of file is not expressly provided for in law but it is a very special ceremony to pay tribute to the departed officer.

Lawyer Danstan Omari explains that in this case when lawyers and judges die while on duty then they are given the last sendoff of respect in the form of closing the file.

“When he was admitted, his file was opened to defend justice and the rule of law if he dies defending that justice then that file must be closed in a manner like a full hearing presided over by a judge or a bench comprising of several judicial officers,” Omari said.

He says it’s more of a mock trial and submission will be done by all departments of law the state law office, the ODPP, the LSK and the family then the judges presiding make a determination that now the file is closed.

“This ceremony is a sacred ceremony it’s the greatest honour the legal fraternity can offer one of their own posthumous because it’s never done when somebody is alive it’s after he has died,” he said.

Omari says it was important especially in the Willie case to have the ceremony for him because he died while discharging his mandate and his oath to defend the rule of law.      BY THE STAR   

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