Deputy Chief Justice Philomena Mwilu is legally in office, lawyer Ahmednasir Abdullahi argues amid calls for her resignation.
Last year, DPP Noordin Haji recommended for the prosecution of the third DCJ of the Republic of Kenya over money laundering and tax evasion, making it one of the high profile corruption case facing a high ranking judiciary officer.
And on Wednesday at Citizen TV, Mr Abdullahi insisted that only Judicial Service Commission can recommend removal of a sitting judge, poking holes on the ongoing prosecution.
"Yes, why not? Where do you want her to go? Only the JSC can remove her and then recommend to the president and once the president starts a tribunal she will be suspended," he argued.
Mr Ahmednasir added: "There is nothing wrong with getting a Queen's Counsel, he is just like any other lawyer; this court faces bigger problems."
Mrs Mwilu, a wife to former Attorney General and the current Busia Senator Amos Wako, is battling to have her prosecution blocked and has already filed an application at High Court.
Nyamira Senator Okong'o Mogeni and Senate Minority Leader James Orengo have opposed prosecution, arguing that the DCJ should be subjected to JSC.
Mrs Mwilu was accused of being part of cartels who liquidated Imperial Bank which was placed under receivership in 2016.
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