Justice Mumbi Ngugi recommended that the Ngilu’s file be handed over to Chief Justice Willy Mutunga so that he constitutes a bench of three judges to handle the case.
Justice Mumbi Ngugi also recommended Ngilu’s petition which has raised the same issues as suspended Cabinet Secretary for Transport and Infrastructure Eng. Michael Kamau cases be heard by the same 3 judge bench.
Lady Justice Mumbi Ngugi, George Odunga and Joseph Onguto are the 3 judge bench hearing Eng. Kamau’s case.
In her petition, Ngilu wanted the court to stop proceedings against her case saying the decision to prosecute her was unconstitutional and that the decision was made by a presidential directive.
Ngilu claimed the land in question was private property and not public land.
Both suspended Cabinet secretaries have told the court that the Ethics and Anti Corruption Commission EACC did not have the constitutional mandate to conduct investigations against them.
Both cases will be heard on September 17th.
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