A second attempt by former director of Public Prosecutions Philip Murgor to stop police from arresting and prosecuting him in relation to the Goldenberg scandal flopped yesterday.
Mr Murgor also failed to stop the Government from repossessing his firearm and passport.
High Court judge Roselyne Wendoh – for the second time – declined to grant the orders, saying she had not heard the other parties in the suit.
Mr Murgor had sued the attorney-general, police commissioner, chief firearms licensing officer, principal immigration officer and Government spokesman over the cancellation of his passport.
The judge adjourned the case to next Monday to allow the deputy solicitor-general, Ms Muthoni Kimani, to file a reply to the suit on behalf of the five respondents.
Ms Kimani said she was served with the suit papers this morning and she had not had time to look at them and take instructions from her clients.
Mr Murgor objected, saying the suit was filed as urgent.
Last Friday, Lady Justice Wendoh declined to give Mr Murgor the temporary orders he sought.
The former DPP claims the move to take away his passport was intended to stop him from travelling to the United Kingdom to meet former permanent secretary John Githongo.
Mr Murgor claims that he was recently in touch with Mr Githongo and was to accompany the Public Accounts Committee to London to record his evidence on the Anglo Leasing scandal.
Mr Murgor is among prominent personalities ordered to surrender their passports and firearms to the police pending further investigations into the Goldenberg affair.
His passport was issued on May 9, 2003, and the gun permit in March 1991.
Mr Murgor had sought an order to have the immigration officer stopped from impounding his passport.
The former DPP also wants the firearm licensing officer stopped from revoking his certificate or withdrawing the gun, pending the case.
Also sought is an order to compel the police commissioner to provide him and his family with 24-hour police security.
In a 17-page sworn affidavit, Mr Murgor gave a detailed history of his life in private practice and as DPP.
According to him, his function at the Goldenberg Inquiry and in the investigations into the Anglo Leasing scandal is one of the reasons that led to his sacking in May last year.
As DPP, he said, he had been involved in the prosecution of high-level drug trafficking, terrorism and murder cases and his life was in danger.
Mr Murgor said the public disclosure that his firearms had been revoked had alerted his enemies that he was now defenseless, the court heard.
