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Nairobi — Former Nairobi Governor Mike Sonko has lost a bid to prevent the Director of Public Prosecution (DPP) and the Ethics and Anti-Corruption Commission (EACC) from what he terms as unlawful arrest and subsequent trial.
A three-judge bench comprising of Grace Nzioka, Esther Maina and James Wakiaga gave no reason or ground why they dismissed the petition.
The judges told the petitioner to go to another court which they didn’t not specify.
Sonko through his lawyer Harrison Kinyanjui approached the constitutional seeking several declarations which included unlawful arrest, detention and search of bank account by EACC and prosecution by the DPP.
The lawyer said that the court is supposed to uphold the rule of law and protect the rights of individuals who seeks justice from the judiciary.
“My client being told to go to another court which has not been specified and having approached a constitutional court clothes with powers to make certain declaration,” Kinyanjui stated.
The lawyer said among issues the court ought to have made the decision is on the arrest of Governors with a group of police officers of 50 or 100 on a Governor who is not armed or running away.
He also questioned and sought a declaration that is imposed by the court to bar the Governor from resuming his or her office after the indictment.
Kinyanjui said that the judiciary has always avoided making decision that will pave away for the protection of human rights.
He wondered why Milimani High Court remains closed while lawyers are being asked to file and prosecute their cases virtually while taking example of politicians, churches and other public places are seen gathering in large numbers.
He added that the judiciary should wake up and open the high court and appellate court to allow mitigation to go on.