Director of Public Prosecutions (DPP) Noordin Haji now wants Chief Justice (CJ) David Maraga to constitute a five bench judge to hear a petition filed by Deputy Chief Justice (DCJ) Philomena Mwilu challenging her prosecution over corruption charges.
In a petition filed at the Milimani High Court in Nairobi on Friday, Haji says that the petition by DCJ Mwilu raises serious issues of law and public importance.
The DPP in the petition signed by Senior Assistant Director of Prosecutions Lilian Ogwaro says that it will not be fair if the petition is heard by one judge.
“It will be in the interest of justice and public if an uneven number of judges are appointed to hear this petition,” the DPP says.
He said that the judges will be able to reason and address issues that are likely to arise in the petition.
In the petition, the DPP has raised key questions among them on whether Judges and magistrates are immune to criminal trial.
The DPP says that the law is very clear when it comes to criminal and judicial matters.
Lawyers representing DCJ Mwilu in the case filed the petition in the High court stopping her prosecution.
The petition is before Milimani High Court Judge Chacha Mwita.
The judge issued orders stopping the magistrate court from proceeding with DCJ Mwilu’s criminal prosecution until October 9.
The petition will be heard on October 9.
Mwilu is facing corruption, abuse of office and evasion of tax charges.
The DPP says that he has enough evidence to convict the DCJ.
Haji who hails from Garissa County says that DCJ Mwilu’s prosecution is on an individual basis and does not target the Judiciary as an institution.
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