The public prosecutor, Director of Criminal Investigations (DCI) and the Anti-Terrorism Police Unit have said they are not investigating the Kenya Airways (KQ) whistle-blower who filmed and published a video of a Chinese plane landing at JKIA.
Now they want to be removed from the matter, saying they are not interested parties.
Lawyer Danstan Omari, who is representing the applicant, Gire Ali, told Justice Weldon Korir that the Transport Cabinet Secretary James Macharia informed Parliament that Gire committed an offence and should be arrested and charged.
The Director of Public Prosecutions and DCI told the court that they have not received instructions from KQ to investigate the whistle-blower.
In response, Omari said that the criminal justice system is fully involved in the matter and the court should take notice that its a public interest matter.
"Its a matter where Kenyans should be told whether flights were being sneaked in the country without the knowledge of the CS," said Omari.
Its about a question of over 40 million Kenyans being traded for personal interest," added Omari.
KQ, in response, told the court that Gire was suspended based on an internal process and the issue does not amount to termination of his job.
Further, KQ said they are not involved in any criminal investigation because the matter is an employment issue.