The High Court yesterday barred the police from arresting
Meru Senator Mithika Linturi until his case in court is determined.
Linturi is fighting the decision by the University of Nairobi to deregister him for presenting allegedly fake papers in 2014.
The High Court barred the Ethics and Anti-Corruption Commission from declaring the senator unfit to hold public office. It barred the Director of Public Prosecutions and the police from prosecuting
him.
It also barred the DPP, the EACC and the Inspector General of Police from summoning the senator to record statements.
This is a serious case of judicial overreach.
The police, the EACC and the DPP can now not interview Linturi without being in contempt of court. Their investigations cannot continue.
Perhaps the court is entitled to say that Linturi should not be prosecuted or declared unfit for office until the case is resolved.
But it is extreme to effectively stop further investigations by preventing Linturi from being interviewed by responsible state institutions.
The court is usurping the constitutional mandate of the police, the EACC and the DPP by so doing.
