The Orange Democratic Party, Cord coalition and the Nairobi City County Thursday lost a bid to be joined in an assault case involving two of the county’s top leaders.
High Court judge David Majanja declined to enjoin ODM, the Cord coalition and the Nairobi City County as interested parties in the case filed by Governor Evans Kidero.
The case seeks to block the Director of Public Prosecution from instigating the arrest of both the Women Representative Rachael Shebesh and the governor.
Justice Majanja said that both the party and the county had not established facts satisfactory on why it was necessary for them to be joined in the case.
He said real issues would not be dealt with and the party would waste tax payers’ money.
“One who seeks to be joined must demonstrate the identifiable vital stake or legal interest in reference to the proceedings, on the whole, I find that that joinder of the County, ODM and Cord would obscure the real issues in controversy and impose unnecessary costs on the parties,” said the judge.
CRIMINAL CHARGES
Justice Majanja ruled that the matter at hand concerns criminal proceedings which take a certain course, are personal and that the interest of a political party cannot be placed over or above criminal charges.
Mr James Orengo representing ODM and Cord had argued that political parties are public institutions not busy bodies and that the Nairobi Governor got into office through ODM and Cord institution.
Mr Orengo told court that the party needed to table evidence on a plot to oust Dr Kidero out of power and therefore the case had a bearing on the party’s stronghold as a whole as ODM stands in jeopardy should the Governor be removed from office.
Mr Orengo said the dispute is of public interest and not a personal issue.
The County claimed that the actual assault occurred at the county government’s premises and therefore had a disruptive effect on county workers not the Governor alone.
However the DPP who was opposed to the enjoinment said it would be absurd as charges are directed against Dr Kidero not the party as ODM, Cord and the County would have enough chance to call witnesses as participants in the case.
Ms Shebesh’s lawyer, Cecil Miller who was also opposed to the enjoinment said the others if allowed would interfere with the dispute involving the two.
MERGED CASES
The judge also merged Dr Kidero case with that one of Ms Shebesh filed on Wednesday seeking the blocking of her arrest.
The judge directed that the petition to be heard will be that of last year’s September 6 assault incident between Dr Kidero and Ms Shebesh at City Hall.
The incident that led both of them file police reports in which Dr Kidero is to be charged with the offence of assault while Ms Shebesh is to face charges for causing a breach of peace as per Mr Tobiko’s instructions.
The DPP, Inspector General of Police and the director of criminal investigations will be the respondents as Dr Kidero and Ms Shebesh will be the petitioners.
Justice Majanja also extended the order directing that both of them should not be arrested and charged before this petition is heard and determined.
The case will be heard on February 7.
