Chief Justice David Maraga has confirmed that the Director of Public Prosecutions Noordin Haji informed him before his deputy, Philomena Mwilu, was arrested on Tuesday.
While addressing the media on Wednesday after presiding over the swearing-in of members of the National Gender and Equality Commission, Maraga, however, declined to issue his opinion on the arrest of Lady Justice Mwilu.
"The DPP informed me, so let's leave it at that," he said.
When pressed further to answer whether he was aware that DCJ Mwilu was being investigated by the DPP and the Director of Criminal Investigations, Maraga said, "she has been discharging those responsibilities (of the deputy chief justice). Leave it at that, I don't want to comment on matters that are in court."
Mwilu is accused of obtaining the execution of a security belonging to Imperial Bank Limited by false pretence and Abusing her office for personal gains.
She was presented in court but was released on Sh5 million bond after Chief Magistrate Lawrence Mugambi ruled that the court had gone beyond the gazetted hours.
On Wednesday, the High Court stopped the DCJ's prosecution after her lawyers, John Khaminwa and Okongo Omogeni, argued that the case is “purely commercial transactions” and which were concluded.
Justice Chacha Mwita in his ruling said there are constitutional issues to be addressed in the petition, especially on grounds that the matter was a commercial matter and whether it can lead to the arrest of a judge.
He directed that the case be heard on October 9, 2018.