Deputy Chief Justice Philomena Mwilu has survived a criminal case that she's is facing over the collapse of Imperial Bank, following a ruling by a five-bench judge.
Justices Hellen Omondi, Mumbi Ngugi, Francis Tuiyot, William Musyoka and Chacha Mwita ruled on Friday that DCI George Kinoti obtained information on Mwilu's bank account using illegal means.
The Technicality literally means that the case Justice Mwilu is facing is dead on arrival and that she may not only face Judicial Service Commission if need be.
Mwilu was briefly arrested last year over the collapse of the Imperial Bank, with DCI George Kinoti accusing her of borrowing money and failing to repay.
The bank was put under receivership. The DCJ was also accused of tax evasion, a move that triggered opposition from her lawyers.
Lawyers Okong'o Mogeni and James Orengo opposed decision by DPP Noordin Haji to charge Mwilu over criminal offense, arguing that the case was civil in nature.
And the five judges, who were set to rule whether or not she should face criminal charges, faulted the DCI of illegally obtaining bank details of the Deputy President of Supreme Court.
Last year, High Court stopped Mwilu's prosecution, meaning that she did not take a plea. She has accused President Uhuru Kenyatta of witch-hunt.
The lastest twist of events is a big blow to DCI and DPP and the two offices could be at loggerheads with the Judiciary. Mwilu had also argued that the two did not have jurisdictions to prosecute her, adding that JSC should have summoned her.
More to follow.....
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