The Attorney-General has lost a bid to have a three-judge bench return a file touching on the impeachment of Mike Sonko to Acting Chief Justice Philomena Mwilu to appoint a different bench to hear the case.
Justices Said Chitembwe, Weldon Korir and Wilfrida Okwany said returning the file to Mwilu will create an undesirable precedent and can be seen as forum shopping.
"In circumstances of this case and considering that this court is yet to hear substantive arguments in the case, we decline to refer the file for empanelment of a seperate bench," they said.
Attorney-General Kihara Kariuki had asked the bench to consider returning the Sonko file to Mwilu to appoint a different bench to hear the matter.
Through advocate Paul Nyamodi, the AG said Sonko’s matter and that of Ann Kananu challenging her vetting, appointment, swearing-in and assumption of office should be handled by different benches.
The cases were earlier this year consolidated and the matter was placed before Mwilu to appoint a bench.
Mwilu subsequently appointed Justices Said Chitembwe, Weldon Korir and Wilfrida Okwany to hear the case.
But the AG said a determination in Sonko’s matter may impact and interfere with the determination in Kananu’s file.
“Consider directing this matter be returned back to DCJ to appoint another bench because this case deals with impeachment of Sonko and the other matters dealt with the manner in which Kananu was sworn in,” said Nyamodi.
The case will be heard on May 4.
