Fida on Monday lost its bid to join Deputy Chief Justice Philomena Mwilu's corruption case as an interested party.
Constitutional Court Judges Hellen Omondi, Mumbi Ngugi, William Musyoka, Francis Tuiyot and Chacha Mwita said they were not convinced Fida will suffer any prejudice if it's not allowed to participate in the case.
The federation asked to be enjoined in the case because it protects women.
It said Mwilu might have been targeted for unfair removal from office.
The International Commission of Jurists was enjoined as a friend of the court.
"We're persuaded that ICJ have and possess expertise in constitutional matters and can help the court in reaching a sound decision," the judges said in a ruling read by Omondi."
FIDA had wanted to join the case riding on the card that it has a legitimate interest in the case because it aims at protecting women holding high public offices from unfairly being removed from office.
But its plea was vehemently opposed by Andrew Mulei of the office of Director of public prosecution.
Mulei faulted Fida for its line of argument in seeking to join the matter saying the case against the DCJ is not based on the fact that she is a woman and therefore the lobby cannot come to court claiming discrimination against the judge on the basis of her gender.
In doing so, he said, Fida is trying to introduce new issues and facts in the case which is wrong.
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In the case, Mwilu wants to stop her criminal trial on grounds that the charges are unlawful and meant to humiliate her.
Mwilu is facing five corruption-related charges including improperly obtaining the execution of a Sh12 million security belonging to Imperial Bank between August and October 2013.
She had been given a personal bond of Sh5 million by the magistrate’s court, but she is yet to plead to the charges
But the judges allowed International Commission of Jurists-Kenya to come on board in the case as a friend of the court.
ICJ-Kenya said that it will bring on board valuable legal knowledge touching on criminal law and constitutional law when it comes to charging a sitting judge.
It indicated that it intends to approach the case from a neutral standpoint and would want to be given chance to offer its expertise.
The lobby which is the oldest in Kenya has members from the bar and the bench.
And the judges said: "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."
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