12:24 pm: The proceedings are adjourned.
12:15 pm: The Chief Magistrate issues an order to comply with an earlier order issued by the High Court to suspend any criminal proceedings against Mwilu until October 9 - a date that had been issued by Justice Chacha Mwita on Wednesday when he suspended any prosecution against the DCJ.
Mugambi also directed that Mwilu appears before him two weeks before the commencement of the case set for October 9. He said this will be a mention of the criminal proceedings of the case.
Further, the magistrate said that Mwilu's status quo shall remain even as the case is set for commencement in October.
12:07 pm: Court session resumes.
11:40 am: Court session adjourned. Defense lead counsel, James Orengo requests for time to get a High Court order as requested by the Magistrate. Mugambi rules the session will continue as soon as Orengo obtains the order.
11:30 am: Mugambi directs that he will only accord ample time to a single lawyer representing Mwilu, and another one from the prosecution. He said there is no enough time to give the barrage of lawyers from both sides in arguing out their case.
11 am: Court session begins with Mwilu's legal team appearing at the Milimani law courts before Chief Magistrate Lawrence Mugambi to argue their case against having prosecutorial proceedings against the DCJ.
Mwilu's court appearances
Deputy Chief Justice Philomena Mwilu is back in court after Anti-corruption court Chief Magistrate Lawrence Mugambi declined to accept High Court's order to suspend her prosecution on Tuesday.
Mwilu was arrested on Tuesday at the Supreme Court by DCI officers who had been accompanied by DCI boss George Kinoti.
She was arraigned in court on Tuesday and was released on Sh5 million bond by Mugambi. He argued that the court hours had been stretched contrary to the gazetted hours.
She re-appeared in court Wednesday 9 am for plea taking to charges of fraud and abuse of office. However, through her lawyer James Orengo, Mwilu argued before Justice Chacha Mwita that her arrest and prosecution was unconstitutional.
Orengo told the court that Mwilu’s charge sheet was defective and her arrest was questionable. Orengo added that the charges against the DCJ are commercial related and should not warrant her arrest.
Chacha suspended prosecution against the DCJ be until all constitutional questions surrounding her case are ironed out. The DCJ has been charged with unlawful failure to pay taxes and abuse of office.
She has also been charged with five counts relating to corruption including obtaining the execution of a Sh12 million security belonging to the collapsed Imperial Bank between August and October 2013 improperly.