Deputy Chief Justice Philomena Mwilu and Justice Mohamed Ibrahim got a major reprieve in court on Thursday against the Judicial Service Commission (JSC).
High Court judge Bahati Mwamuye yesterday threw out an application filed by lawyer Nelson Havi, Ahmednasir Abdullahi's associates, and Dari Limited, which is linked to former Jubilee Secretary General Raphael Tuju, to strike out the two cases filed by the senior judges.
At the same time, Justice Mwamuye allowed DCJ and Ibrahim's application to have the cases certified as raising novel issues which required more than one judge to hear and determine.
In the case, Havi claimed that the court had no power to hear and determine the cases because they stopped a constitutional process before the commission.