Wiper Party leader Kalonzo Musyoka has criticized the manner in which Deputy Chief Justice Philomena Mwilu was arrested and arraigned in court on Tuesday over corruption allegations.
Kalonzo says that the manner in which detectives arrested Mwilu was demeaning to the office she holds and unconstitutional.
Speaking to journalists at the Milimani Law courts on Wednesday, the former Vice President further questioned the DPP’s move to order for arrest and prosecution of the Deputy Chief Justice.
He said that the allegations of corruption against DCJ Mwilu are supposed to be handled by the Judicial Service Commission (JSC) and not the courts.
He further said that the charges are civil in nature questioning the motive for the DCJ’s arrest. Kalonzo asked the DPP and investigating agencies to restrain to their constitutional framework.
“We support the war against corruption but it has to be done within the constitutional confines specific to the agencies involved,” he said.
Kalonzo had earlier asked Milimani Anti-corruption magistrate to suspend Mwilu’s prosecution.
“I want to stress the provision of article 50 sub article 2 of the constitution that says that the right to fair trial of any citizen is basic,” the Wiper party leader said.
The High court later issued an order suspending the DCJ’s prosecution until October 9, 2018.
However, the Magistrates court declined to implement the order because it had errors.
Anti-corruption Chief Magistrate Lawrence Mugambi has since asked Mwilu’s lawyers to get the correct order from the High court.
The case has been adjourned to Friday 30.
Mwilu was arrested on Tuesday over corruption allegations. She is however out on Sh 5 Million personal bond.
A section of politicians has hit out at their colleagues in the opposition for allegedly siding and defending the Deputy Chief Justice.
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