Sitting as a single Supreme Court Judge in the matter today, Justice Collin Makail refused an application filed by the State and Commissioner Baki.
The application seeks leave to appeal the decisions of the National Court handed down on Oct 30, 2015 by acting Judge Leka Nablu (then) in two proceedings when she allowed leave for a judicial review to be conducted into the manner in which senior cops Thomas Eluh and Timothy Gitua were terminated.
Both officers were terminated in September last year for disciplinary reasons. Eluh is the Assistant Police Commissioner (Crimes) and Gitua is the Assistant Director for the National Fraud and Anti-Corruption Directorate.
Justice Makail is refusing the appeal today upheld the finding of lower court that it would make no sense to ask the Police Commissioner to review his earlier decision.
Acting judge Nablu in granting leave on Oct 30, 2015 said both officers had an arguable case and it was inappropriate to have the Police Commissioner review his own decision.
She said it was only proper it comes before the National Court for Judicial review.
Eluh and Gitua were terminated on September 23 and 28 respectively.