The High Court yesterday extended orders barring the prosecution of Deputy Chief Justice (DCJ) Philomena Mwilu over corruption-related charges.
Mwilu returned to Milimani Law Courts following the expiry of orders that were issued by High Court Judge Chacha Mwita barring her prosecution by the Magistrate Court.
The DCJ also objected to an application by Director of Public Prosecutions (DPP) Noordin Haji to refer her matter to Chief Justice to constitute a Bench to hear her case.
Through lawyer Okong’o Omogeni, the DCJ told Justice Mwita that the questions raised by the DPP do not warrant the matter being referred to Chief Justice.
Haji, through Public Prosecutions secretary Dorcas Oduor had made an application to have the file referred to Chief Justice David Maraga, saying allegations against Mwilu raise weighty and complex issues that need to be addressed by a three-judge Bench. Justice Mwita will rule on the application on October 17.
Mwilu is accused of abuse of office, accepting money in the form of a gift, failure to pay taxes, and obtaining by false pretext security belonging to Imperial Bank, which was placed under receivership.
She is also accused of influencing the bank’s receiver manager to discharge two titles deed charged to the bank to obtain a Sh60 million loan.
The DCJ is also accused of failing to pay taxes amounting to Sh3.1 million for property in Nairobi.
In the application, the DPP sought to have the matter heard by a Bench to clarify the legal obligations of a sitting judge or any other constitutional office holder who enjoys security of tenure where criminal proceedings have been commenced against them.
“The issues raised are of great public interest and have never been determined before. They questions meets the threshold sets out in the Constitution,” said Oduor.