Director of Public Prosecutions (DPP) Noordin Haji now wants the High court to quash orders that stopped the prosecution of Deputy Chief Justice (DCJ) Philomena Mwilu and her lawyer Stanley Kiima.
In an application filed before the High court, DPP Haji says that the court issued orders stopping Mwilu’s prosecution without giving his office chance to reply on the same.
The DPP also wants the petition by DCJ Mwilu to be transferred to the Anti-corruption Court division of the High Court.
Haji argues that charges facing the DCJ are about corruption and any application regarding the same should be filed in the anti-corruption court.
“To ensure judicial harmony, it is in the interest of justice that this matter be heard and determined before the Anti-corruption and Economic Crimes Division” the DPP said in an affidavit sworn by Senior Assistant Director of public Prosecutions Lillian Ogwora.
The DPP says the order that stopped Mwilu's prosecution contravened the law.
The High court temporarily stopped the Mwilu’s prosecution after his lawyers filed an application challenging the DPP’s powers to arrest and prosecute a sitting Judge.
The petition by DCJ Mwilu will be heard on October 9.
The DCJ who is facing corruption charges, tax evasion and abuse of office charges is out on a Sh5 Million bond.
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