Court extends orders barring prosecution of Deputy CJ Mwilu
The High Court has extended orders barring the prosecution of embattled Deputy Chief Justice Philomena Mwilu.
Judge Chacha Mwita, during a court session on Tuesday, said extending the orders was for the public good and in the interest of justice.
The judge is now expected to deliver a ruling on whether or not the case will be transferred to Chief Justice David Maraga to appoint a three-judge bench to hear the case, on October 17, 2018 .
In the case, lawyers representing Director of Public Prosecutions (DPP) Noordin Haji, led by Dorcas Oduor, said the case against DCJ Mwilu raises weighty and complex issues and needs to be addressed by a bench of at least three judges.
In a previous submission, the Attorney General, through Solicitor General Kennedy Ogeto, also said the case against Mwilu raises weighty issues such as whether a sitting judge should be prosecuted, if a judge can be removed from office after commencement of a case and whether the prosecution can proceed to institute criminal proceedings.
However, one of Mwilu’s lawyers, Okongo Omogeni, opposed the application to have the matter referred to the chief justice.
The embattled Deputy Chief Justice is facing various counts among them abuse of office and forgery. She, however, obtained orders stopping her prosecution two months ago.