A three-judge bench has ruled that Kerubo cannot be allowed to participate in the proceedings as an interested party because no complaints have been made against her by Baraza.
Justices Mohamed Warsame, George Odunga and Hellen Omondi held that participation of Kerubo is not necessary at this stage because issues for determination in the suit are challenging the decision taken by the Judicial Service Commission (JSC) that petitioned President Kibaki to suspend her and appoint a tribunal.
Further the bench held that her participation will unnecessarily delay the proceedings. Kerubo had sought to be enjoined in the matter to rebut the suspended DCJ’s averments.
She had argued that the court may give orders that may have a bearing and affect her rights in other processes.
“My client intends to provide some facts because orders that this court may grant will affect her rights in other process,” argued Kerubo’s lawyer.
The JSC through lawyers Paul Muite and John Khaminwa had opposed the application saying she has nothing to do with the matter.