Senate Minority Leader James Orengo has thrown DPP Noordin Haji into the defense as the fight against corruption took shape on Wednesday.
Appearing before Chief Magistrate Lawrence Mugambi, Orengo argued that DCJ Philomena Mwilu's case was politically instigated.
The DCJ, who is facing criminal charges among them abuse of office and tax evasion, survived prosecution after Justice Chacha Mwita gave temporary stay orders on criminal charges against her.
And Orengo, maintained that the DPP did not follow the law, wondering why he used the police in matters that could have been handled by EACC.
He argued that the charges were criminalising “a purely commercial transaction that took place five years ago” and that there was “no factual foundation” for instituting charges against the Deputy Chief Justice.
He insisted that the DCJ should not take plea adding that commercial business had been turned into criminal charges.
“We are going to demonstrate why the Director of Public Prosecutions, on this matter, chose to use the Director of Criminal Investigations who turned out to be use-friendly instead of using the legal regime; the statutory regime that relates to offences created under the Anti—Corruption Act,” argued Orengo.
With the High Court ruling in favour of the defense, Haji may now face another uphill task of exonerating his office of political bias.
At the Magistrate court, Orengo insisted that the allegations must have handled in JSC before the accused is taken to court.