DCI boss George Kinoti and DPP Noordin Haji can still initiate charges against Deputy Chief Justice Philomena Mwilu afresh, Senior Counsel Ahmednasir Abdullahi has said.
A five-bench judge on Friday stopped criminal prosecution of Mrs Mwilu on grounds that the sleuths obtained evidence against her without due process.
The judges ruled that as such, the evidence would be inadmissable in a court of law, a move that threw investigators off- balance, at least for now.
But the former JSC commissioner says the court set a new jurisprudence, giving loopholes for Mwilu to be investigated and charged afresh.
"Interesting jurisprudence. The court stopped prosecution of DCJ on the most narrow of grounds...So Did the Court allowed the DPP and DCIO to have a second bite at the cherry? Get your evidence properly and charge her AGAIN? Interesting times," he noted.
Already, DPP Noordin Haji and DCI George Kinoti have protested the ruling and vowed to appeal. Mr Haji also indicated possibility of writing to JSC about the Supreme Court judge's conduct.
"No party advanced any arguments on this and the court did not invite submissions before reaching its conclusion on this ground," he said about the ruling.
Mwilu's lawyers led by Senator James Orengo had objected criminal prosecution, arguing that the charges should be civil in manner.
She is accused of tax evasion and money laundering that allegedly led to bankruptcy of Imperial Bank which was placed under receivership in 2017.