Aisha Jumwa, Cabinet Secretary for Public Service and Gender, has told the court that she is not facing any criminal charges.
In response to a petition filed by Eliud Matindi in 2022 disputing her nomination as CS, Jumwa told Justice Mugure Thande that the allegations against her had been dismissed, so the case before events had overtaken the court.
Through her lawyer Danstan Omari, she claimed there is a procedure for removing CSs from office.
She claims that the high court lacks the authority to hear the case and that the court should dismiss it.
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In the case, the Attorney General and the Director of Public Prosecutions have submitted a preliminary objection.
The DPP acknowledged to the court, through lawyer Alexander Muteti, that the cases against Jumwa had been withdrawn, adding that the court could not reverse the decision.
The preliminary objection lodged in the case should be heard first, according to Justice Thande.
Submissions will be accepted until June 8, 2023.
