Justice Ere Kariko in hearing the urgent ex-parte application at the National Court on October 14 also issued orders against Baki and Ivaroa pursuing any criminal prosecution against the three or until further orders of the court.
The orders come after Director of the National Fraud and Anti-Corruption Directorate Chief Superintendent Mathew Damaru, his assistant Timothy Gitua and McRonald Nale filed an application on October 13 seeking interim orders against Commissioner Baki.
Damaru was arrested on Monday and charged with one count of lying under oath pursuant to section 197 (1) of the Criminal Code Act.
He was questioned on Monday and charged with lying under oath over certain facts contained in an affidavit he swore to in a contempt of court proceeding (OS 438 of 2015) against Commissioner Baki.
The move by the Special Police Internal Investigation team comes after the District Court on October 1 adjourned to the court registry a notice of motion seeking a warrant of arrest that was sought by Inspector Ivaroa against Damaru, Gitua and Nale.
The notice motion sought was on the allegation of perjury which falls under section 121 s (7) of the Criminal Code, a charge that requires police to obtain a warrant of arrest.
On Wednesday (Oct 14) Justice Kariko also ordered that the District Court proceeding (NCC No.905-907 of 2015) seeking the warrant of arrest for Damaru, Gitua and their lawyer McRonald Nale of Jema Lawyers is stayed until the National Court determines a statement in Damaru’s affidavit in Baki’s contempt of court proceeding.
Justice Kariko said it was clear that the charge against Damaru on Monday relates to an affidavit he swore to and facts on OS 483 of 2015, a proceeding of contempt of court against Baki that is still before the court.
He also ordered a stay against the proceeding at the District Court (CB No.8869/15) in which Damaru was charged with lying under oath pursuant to section 197 of the Criminal Code Act.
This is because the National Court still has to determine facts in that contempt of court proceeding and determine the affidavit of Damaru.
The matter will return to court on November 2.