The High Court has suspended the prosecution of Stephanie Murgor and Cheryl Murgor in their case against Eddie Ndichu and Paul Ndichu.
Justice Anthony Mrima issued an order to allow for the hearing of a petition filed by the Murgor sisters challenging their prosecution over the assault case.
"I have perused the Notice of Motion dated 18th March 2022, brought under Certificate of Urgency and the Supporting Affidavit together with the annextures thereto. I, hereby, issue the following orders: Prayer 2 of the Notice of Motion is hereby granted," Mrima ordered.
Mrima ordered the notice of motion to be served to the respondents and interested parties in five days.
The Murgor sisters were summoned to appear at Kibera Law Courts on Wednesday to take a plea for their assault charges.
Stephanie and Cheryl, through their lawyer Philip Murgor filed a petition alleging that the Director of Public Prosecutions' office is aiming to charge them maliciously with intent to blackmail and coerce them into withdrawing their case against Paul and Eddie.
"The actions of the 1st Respondent (DPP) are illegal and amount to abuse of office for personal benefit, and are unconstitutional as they grossly violate the rights of the Petitioners as detailed in the accompanying Petition," the petition reads.
The Murgors also claimed that the DPP’s actions amount to acts of corruption and abuse of office because no evidence supports it and is only intended to serve other motives which include ensuring the Ndichu brothers are acquitted or their case discharged.
The lawyer also accused Haji of ignoring pleas by the Murgor sisters and Federation of the International Federation of Women Lawyers (FIDA) Kenya not to charge the sisters.
Murgor further claimed Noordin Haji’s actions prove he does not believe in justice for Sexual and Gender-Based Violence victims. He also said the decision to charge his nieces was not based on an independent analysis of evidence.
According to the court documents, Murgor claims Haji is playing to the political tune of Edwin Sifuna to win political favours and remain in office.
“The DPP has submitted to pervasive political influence from aspiring politician Edwin Sifuna the Secretary-General ODM, in order to win political favour and support to remain in office,” the court documents read.
Murgor also claimed Haji lacks relevant experience and is merely focused on his being in office.