Former Vice President Kalonzo Musyoka was among the legal team that appeared in defense of the embattled Deputy Chief Justice Philomena Mwilu.
In his submission, Kalonzo termed Mwilu's arrest as unconstitutional and challenged the Director of Public Prosecution Noordin Haji to prove beyond reasonable doubt that he has sufficient evidence against her.
Mwilu has maintained that she is innocent.
Kalonzo called for sobriety in the Deputy Chief justice's ongoing investigation, she is accused of graft and tax evasion.
“The integrity within the Judiciary includes its independence. Of course, the prosecutor here would have noted that it was a raw application and I just want to stress the provision of article 50, sub-article 2 of the constitution, which states that the right to a fair trial of any citizen is basic," Kalonzo said.
On his part, Siaya Senator James Orengo, who is also among the defense team, said Mwilu should not take a plea.
“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 user-friendly instead of using the legal regime. The statutory regime that relates to offenses created under the Anti-Corruption Act,” Orengo said.
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