Evangelical churches yesterday dropped their attempt to have the operations of the Constitution of Kenya Review Commission halted.

Lawyer Assa Nyakundi said the 11 church leaders did not wish to scuttle the review process but wanted to prove a legal point.

"We do not want to scuttle the process and we do not intend to insist on a stay. Given its enormity, we do not intend to follow it," he told Mr Justice Kassanga Mulwa.

At the same time, the judge ordered the Press not to comment on the case that seeks orders to block Prof Yash Pal Ghai from chairing the Commission and to have church leaders' nominees in the Commission.

Mr Justice Mulwa asked the Press not to make comments that would be prejudicial to the case.

He also asked leaders to refrain from commenting on the case and desist from attempting to influence its outcome.

He made the orders after Mr Nyakundi complained that the Press, leaders and lawyers were commenting on the pending case. "Let's not have comments that say how our case has flopped. We have not flopped and we have not been whacked. What we want is justice," said Mr Nyakundi as he presented Press clippings to the judge.

Mr Nyakundi singled out the Leader of the Official Opposition, Mr Mwai Kibaki, and head of the Anglican Church, Archbishop David Gitari, as some of those who "have made qualitative comment".

The clerics have been misunderstood, he said, and had received a lot of criticism in their quest to challenge the legality of Prof Ghai's chairmanship of the Commission.

The clerics, under the banner of the United Christian Churches of Kenya, are seeking to block Prof Ghai from chairing the Commission.

They argue that Prof Ghai is unqualified as he has never been a judge and is not qualified to be one, and that he has not been a law teacher in any of Kenya's universities in the past 15 years.

In the suit, the officials, who claim they represent more than 12 million members drawn from more than 500 Christian denominations, also want their nominees included in the Commission.

But in their defence, the Commission and Prof Ghai say the suit is illegal as the church group is unregistered and does not comply with provisions governing representative action.

Prof Ghai accuses one of the clerics, Archbishop Samson Gaitho, of perjury for swearing an affidavit claiming the group is registered with more than 500 denominations and 12 million followers.

Prof Ghai says he is qualified to chair the Commission.

The officials, who represent Evangelical, Pentecostal, Independent and Indigenous churches, are led by Archbishop Samson Gaitho of the African Independent Pentecostal Church of Africa.

Others are Bishop Silas Yego, Bishop Gerry Kibarabara, Dr A.K. Akidiva, Bishop Joseph Ogutu and the Rev Elkana Salamba, the Rev Stephen Mburu, Bishop J. Wanjala, Bishop J. Nyatuka, the Rev Patrick Gitau and the Rev William Abuka.