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Embattled basketball coach Philip Onyango lost his bid to block his accusers from having a say in his petition to stop his arrest on attempted rape and sexual harassment charges
In a virtual court ruling on July 19, High Court Judge Jairus Ngaah said FIDA, representing Joy Mupalia and at least seven other women, have the right to participate in the case where Onyango has applied to stop the government from executing his arrest.
In his ruling, Justice Ngaah said that the court has the discretion to include any person who might be affected by the order made by the court as an interested party.
“Accordingly, a complainant may be included in this suit as an interested party to the extent that the order that will be made will affect her in any event, including the complainant in this case, or the would-be complainant in the case against the applicant would not prejudice the applicant in any way,” Justice Ngaah added.
“So I will allow the application dated June 21, 2023— Joy Mupalia as represented by FIDA to be included in this case as an interested party,” the judge ruled.
Counsel Derrick Odhiambo, who is representing coach Onyango in the case, was absent at Wednesday’s hearing. However, he sent one counsel, Mildred Mwanyika, to hold a brief for him, with instructions of opposing FIDA from being enjoined in the case where Onyango wants to block his arrest and arraignment.
“I’m on instructions that Mr Derrick Odhiambo does oppose the application, and he requested that a new date be set for the proceeding of the application,” Ms Mwanyika said.
However, Eunice Lumallas, a lawyer representing FIDA, insisted that FIDA wanted to enjoin the case because it is representing several of the applicant’s accusers, who stood to be affected by the case’s outcome.
“My lord, what we seek to do is to be enjoined as interested parties in this matter because the applicant in this matter, Mr. Onyango is stopping his prosecution,” Lumallas said.
“He was to be charged with a criminal offence after investigation. FIDA Kenya is representing a number of ladies one of whom subject to the specific application, accused Mr Phillip Onyango of attempted rape. Therefore, he seeks to stop that specific prosecution,” she added.
Upon accepting FIDA to join the case as an interested party, the court directed that the interested party have seven days to file and serve the response to the application. Onyango will also file and serve the response to Mupalia in seven days. Further, the respondents and interested parties were directed to file their submissions to the applicant’s case within seven days of the date of service of the applicant’s submissions.
The submissions filed will be highlighted on October 9, 2023.
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