The High Court in Nairobi has allowed Director of Pubic Prosecutions (DPP) Noordin Haji and Director of Criminal Investigations George Kinoti to join a new case filed by Deputy Chief Justice Philomena Mwilu challenging a petition seeking her removal from office.
Justice Weldon Korir said the two have an interest in the new case as the complainants against the senior judge who had sued her employer – the Judicial Service Commission (JSC).
“I do not agree with the petitioner (Mwilu) that the applications made by the two have no merit. It is observed that they have a stake and should be admitted as the first and second interested parties,” the judge ruled.
Meanwhile, JSC lawyers Paul Muite and Charles Kanjama pleaded with the judge to lift his orders barring the commission from hearing the petition by Haji and Kinoti saying there was need to determine it before Chief Justice David Maraga exits the Judiciary.
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After the DPP and DCI bosses were allowed to participate in the case, the judge gave them time to file their papers and set November 17 as the date to allocate a day for the hearing. The judge pointed out that his diary was filled until February 2021 but would give Mwilu’s case a priority.
Muite addressed the judge first, urging him to lift the orders as his client’s application on the same had not been opposed.
However, Mwilu’s lawyers James Orengo, Okong’o Mogeni, Nelson Havi and Jackson Awele objected saying the judge should extend the orders until the case is heard and determined.
Faced with a possibility of the case not being heard this year, Kanjama implored the judge to instead direct that the case be heard on November 17 or allocate a weekend. Justice Korir said Kanjama’s idea would only be considered on the mention date.