Deputy Chief Justice Philomena Mwilu and Justice Mohamed Ibrahim have won the first round of the battle against the Judicial Service Commission (JSC), lawyer Nelson Havi, Ahmednasir Abdullahi's associates and Dari Limited, linked to former Rarieda Member of Parliament Raphael Tuju.
Justice Bahati Mwamuye dismissed Havi's application to strike out the twin cases filed by the two senior judges.
Ahmednasir, JSC and Tuju backed Havi's application.
He claimed that the court had no powers to hear and determine the cases as they were stopping a constitutional process before the commission.