Five judge bench has extended orders suspending Deputy Chief Justice Philomena Mwilu prosecution for corruption. Orders were issued restraining plea taking.
Through lawyer James Orengo, Justice Mwilu opposed her taking of plea on the grounds that the charge sheet was defective and the reasons for her arrest wanting.
Orengo argued that the charges were criminalising “a purely commercial transaction that took place five years ago” and that there was “no factual foundation” for instituting charges against the Deputy Chief Justice.
The DCJ is facing abuse of office and failure to pay taxes and improper dealings with Imperial Bank.
The bench five judge to hear and determine the include Justice Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, William Musyoka and Chacha Mwita.
The judges were appointed by the chief justice after judge Chacha Mwita agreed that the case raises weighty issues that needs to be addressed by uneven number of judges.
The five judges set date 6 of December for hearing.
DPP through lawyer Dorcas Oduor said that they have framed 11 issue for determination.
The bench is expected to first rule on two applications by the Federation of Women Lawyers (FIDA Kenya) and International Commission of Jurists, Kenya who are seeking to be enjoined in the case.
At the same time the DPP and Attorney General have opposed applications to have FIDA, ICJ Kenya and Adrian Kamotho from being enjoined in the case.
In a short direction the court directed that parties agree on the issues for determination and should the parties.. AG, DPP and the DCJ fail to concur on issues, the court has said it will pick them instead.
Subsequently the prosecution also withdrew an application which they wanted the matter be heard before the high court Anti corruption division.
During today’s mention FIFA ,ICJ and lawyer Adrian Kamotho applied to be enjoined Inthe case as interested parties.
Deputy Chief Justice Philomena Mwilu has filed a petition before the High Court seeking to stop criminal proceedings against her over charges of abuse of office and graft.
