Embattled Deputy Chief Justice (DCJ) Philomena Mwilu will know her fate on May 31 on whether she will stand trial over corruption charges levelled against her by the Director of Public Prosecutions (DPP).
On Thursday, a five-Judge bench comprising of justices Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, Chacha Mwita and William Musyoka concluded hearing of Mwilu’s petition.
The three-day-long hearing concluded as parties made their final submissions.
“We want to thank all the parties for conducting themselves in a professional manner during a hearing of this petition and we will give our ruling on 31 May 2019 at 12 noon,” Justice Omondi said.
The DCJ filed the petition challenging her criminal prosecution over alleged graft charges.
Mwilu’s lawyers led by Senior Counsel James Orengo told the Judges that charges preferred against Mwilu are commercial and not criminal.
The lawyers accused DPP Noordin Haji of allegedly abusing his powers in preferring the charges.
Mwilu’s lawyers want the matter handled by the Judicial Service Commission (JSC) and not the courts.
The DCJ’s lawyers further claim that the charges were politically motivated, malicious and in bad faith.
The DPP, however, defended his decision, saying he acted within his powers to prefer charges against the DCJ.
Haji through Queens Counsel Khawar Qureshi asked the five-judge bench to dismiss Mwilu’s petition.
The DPP told the Judges that he has evidence to sustain charges against the Deputy Chief Justice.
Mwilu is currently out on Sh5 Million temporary bond.