FIDA Hits a Dead End as Court Bars it From Mwilu’s Case

The five-judge bench hearing Deputy Chief Justice Philomena Mwilu’s case challenging her prosecution has dismissed an application by Federation of Women Lawyers (Fida Kenya) seeking to be enjoined in the suit as an interested party.

Justices Hellen Omondi, Mumbi Ngugi, Chacha Mwita, Francis Tuiyot, and William Musyoka also dismissed a similar application by lawyer Adrian Kamotho  saying he will not suffer any prejudice if he is not enjoined.

Justices Hellen Omondi, Mumbi Ngugi, Chacha Mwita, Francis Tuiyot, and William Musyoka also dismissed a similar application by lawyer Adrian Kamotho  saying he will not suffer any prejudice if he is not enjoined.

The judges, however, allowed an application by International Commission of Jurists-Kenya (ICJ-Kenya) to be enjoined as a friend of the court. According to the judges, the court needs a neutral party and ICJ meets the criteria since the Attorney General who should have served as a friend of the court is a party to the suit and has already taken sides.

“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,” ruled Justice Hellen Omondi on behalf of the others. In dismissing Fida’s application, the bench ruled that the women lawyers body did not satisfy the court how it will be prejudiced if it is not allowed to participate in the case.