The Director of Public Prosecution Noordin Haji and Attorney General Kihara Kariuki in their separate submissions before the High Court on Monday cited bias and parties wanting to clog the case without helping the court to determine the case.
Noordin’s case was argued by senior prosecutors Dorcas Oduor and Alexander Muteti.
Women lawyers lobby, Federation of Women lawyers of Jurists and a lobbyist lawyer Adrian Kamotho in their separate applications argued that they had a stake in the case.
Fida and Kamotho want Justices Hellen Omondi, Mumbi Ngugi, Chacha Mwita, Francis Tuiyott and William Musyoka to enjoin them as interested party while ICJ wants to participate as amicus curiae.
Fida in its application argued that Justice Mwilu was being targeted for being a woman.
At the same time, Kamotho claimed that he had been mentioned in the case by Justice Mwilu. However, he opted to defend her saying that she was charged with a non-existing law.
ICJ on the other hand said it had information and expertise to contribute in the case that other parties did not have.
It emerged that FIDA is part of Justice Mwilu’s defense team at the magistrate’s court.
“The fact she assented to a Deputy Chief Justice is a confirmation that women are treated equally just as men.It is important to note that FIDA appears as a defense team in the lower court,” argued Muteti.
DPP said there is no new issue that ICJ would bring on board as Justice Mwilu has already raised the question on whether a sitting judge can be charged with a criminal offense.
Attorney General through lawyer Immanuel Mbita argued that criminal cases touch on individuals hence all parties that wanted to be joined had no claim in the case.
“Criminal proceedings are personal to the accused, hence Fida has no claim to the case,”argued Mbita.