, NAIROBI, Kenya, Feb 18 – Federation of Women Lawyers and city advocate Adrian Kamotho Njenga have lost a bid to be enjoined in Deputy Chief Justice Philomena Mwilu’s case challenging her prosecution over graft allegations.
A bench of five judges have dismissed their applications for joinder for failing to satisfy the court how they stand to suffer if not included in the proceedings.
The court noted there’s nowhere that FIDA has raised the issue of discrimination on the issue of gender upon which their application is premised.
In addition, the judges observed that FIDA seeks to introduce new issues in their petition.
However, the Kenyan section of International Commission of Jurists which says is neutral in the matter has been enjoined.
The bench has ruled that “the intended interested party neutrality in the matter meets the criteria to be enjoined in the proceedings”
They added: “We are persuaded that ICJ in other constitutional matters have and possess expertise in constitutional matters and can help the court in reaching a sound decision.”