The arrest and intended prosecution of Deputy Chief Justice Philomena Mwilu over corruption allegations continues to elicit reactions among Kenyans and politicians.
Mwilu’s arrest has also send fears in the government quarters as Director of Public Prosecutions Noordin Haji hunts for corrupt officials.
The DPP says that he will go for anyone implicated in corruption scandals whether big or small.
Haji notes that he is fearless and that he is protected by the constitution.
“I derive my mandate from article 157 of the constitution and will not be afraid of anyone,” the DPP told journalists on Tuesday.
The DPP in his fight against corruption is constitutionally allowed to arrest everyone except the president.
The president enjoys immunity from arrest, prosecution or legal proceedings.
Chapter Nine (9) of the constitution Article 143 states that criminal proceedings cannot be constituted against the president.
“The President is the only person who cannot be arrested and prosecuted in a court of law during his tenure for whatever crime,” Peter Ngure, a political analyst says.
Article 143 (1) of the constitution states, ‘criminal or civil proceedings shall not be instituted or continued in any court against the President or a person performing the functions of the office, during their tenure.’
Article 143 (4) states, ‘the immunity of the President under article this article shall not extend to a crime for which the president may be prosecuted under any treaty to which Kenya is party to and which prohibits such immunity.’
Political analysts, however, say that the president can be arrested and charged in court with criminal or civil offenses once his or her term of office expires.
President Kenyatta says that the war against corruption will be escalated as he seeks to leave a good legacy at the end of his term in 2022.
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