NAIROBI: A High Court judge wants cases filed by two suspended Cabinet secretaries challenging their prosecution by the Ethics and Anti-Corruption Commission heard by the same bench.
Justice Mumbi Ngugi yesterday referred the suit filed by Lands CS Charity Ngilu to Chief Justice Willy Mutunga in order to constitute a three-judge bench to hear the application.
She however said the application by the Lands CS raised issues similar to those canvassed by Transport CS Michael Kamau and it would be appropriate to have the suits heard by the same bench.
“I refer the file to the CJ. In my view, the CJ should consider the matters to be heard together since a three-judge bench has already been empanelled,” she said. Already, the CJ has constituted a three-judge bench to hear the application by Kamau, which raises constitutional issues that challenge the integrity and legality of EACC in prosecuting his case.
Following the filing of the case in the High Court by Kamau, the proceedings that were being conducted in the anti-corruption magistrate’s court have been suspended until the hearing and determination of the application in the High Court.
Ngilu through lawyer Kioko Kilukumi wants the High Court to declare that the Director of Public Prosecutions had abdicated his constitutional duty, which had led to her prosecution.
The case will be heard on September 17.
READ MORE
Anti-graft agency can't extricate itself from ODPP's grip easily
Court revokes State House land title issued to former DO
