The two firms that received Sh1.5 billion from the State as compensation for land in Ruaraka have lost a suit in which they were seeking to stop the Senate from summoning their directors.
Justice John Mativo said Afrison Import Export and Huelands Ltd failed to prove that Senate abused powers or acted outside its power by seeking to question Mr Francis Mburu, Mr Mark Mburu and Mr Justin Mburu.
In the suit, Mr Mburu had claimed that the ownership of the Ruaraka land had been determined earlier by the courts and the committee of 11th Parliament, arguing that some members of Senate committee had already shown bias going by their comments in media.
“In my view of analysis herein above, I find and hold that the ex parte applicants have not established any grounds for this court to grant the judicial review orders of certiorari and prohibition,” ruled Justice Mativo.
The judge noted that the petitioners failed to prove that there is likelihood of bias by the Senate.
The court said actual bias requires clear evidence and should not be made on suspicion.
The Senate in its defence had told the court the application filed by two companies was improperly before it, noting that no decision on the ongoing investigations has been reached by the Legislature.
The payment is under investigations by the Ethics and Anti-corruption Commission.
The Sh1.5 billion payment is part of the Sh3.2 billion that the government was to pay Mr Mburu for acquisition of 13 acres of land on which Drive Inn Primary School and Ruaraka High School sit.
Separately, the National Land Commission is seeking a determination from the High Court on whether its payment of Sh1.5 billion to Afrison Export and Import Limited was in line with the law.
Mr Mburu has also separately filed another case against Ethics and Anti-Corruption Commission (EACC) seeking court protection against his arrest and investigation.
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