Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) have been enjoined in a case involving Deputy Chief Justice Philomena Mwilu.
The two have been directed to file and serve their submissions in the case in which Mwilu is challenging Judicial Service Commission (JSC) proceedings.
Two weeks ago, the DCJ accused the DCI and DPP of using a court case to block her from succeeding Chief Justice David Maraga.
According to the DCJ, DPP Noordin Haji and DCI George Kinoti do not want her to ascend to power once Maraga retires.
“The interest of the petition is not to take the DCJ through a fair process but to address the succession politics of the chief justice,” lawyers Nelson Havi, Julie Soweto and Jackson Awele told Justice Weldon Korir.
The lawyers were addressing the court during the hearing of an application by the DPP and the DCI to be allowed to join a case filed by Mwilu seeking to block the JSC from hearing four petitions against her.
Through their lawyers; Nicholas Muteti and Senior Counsel Taib Ali Taib, the DPP and the DCI also sought vacation of a temporary order issued last month suspending the planned JSC proceedings.
They accused the DCJ of “mischief and treating the court to theatrics” for failing to list them as respondents in the case.
But Justice Mwilu’s lawyers said the DCI and DPP only sought to join the case so as to embarrass the court and scandalize the judge.
The matter will be mentioned on November 17.