A five Judge bench will on Friday make a ruling whether embattled Deputy Chief Justice (DCJ) Philomena Mwilu should be prosecuted over alleged corruption, and abuse of office charges.
Judges Hellen Omondi, Mumbi Ngugi, Francis Tuyiot, William Musyoka and Chacha Mwita will deliver the crucial ruling on May 31 that is likely to define DCJ Mwilu's career.
Mwilu filed a petition seeking to stop the Director of Public Prosecutions (DPP) Noordin Haji from instituting criminal charges against her.
She filed the petition days after she was arrested over graft allegations claiming that the charges by the DPP were malicious and meant to remove her from office.
In her petition, the DCJ further claimed that she was being targeted for the position she took during the 2017 presidential petition that saw the election of President Uhuru Kenyatta nullified.
The DCJ further argued that the allegations leveled against her are commercial (civil) and should not be criminalized.
Through her lead lawyer James Orengo, DCJ Mwilu wants the allegations against her handled by the Judicial Service Commission (JSC).
The DPP, however, insisted that charges against the Deputy Chief Justice are criminal in nature and wants the five Judge bench to okay her prosecution.
The prosecution argued that there is sufficient evidence to sustain criminal charges against the Deputy Chief Justice.
The DPP stated that he followed the law in instituting charges against the DCJ on her alleged failure to pay stamp duty and abuse of office.
Haji even hired a UK-based Queens Counsel (QC) Khawar Qureshi to argue the case for him and is expected to lead DCJ Mwilu's prosecution should the High okay her prosecution.
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