Siaya Senator James Orengo has accused Director of Public Prosecution Noordin Haji of allegedly 'cooking' evidence in the criminal case facing Deputy Chief Justice Philomena Mwilu.
Orengo, in his Tuesday's submissions at the High Court, wondered why Mwilu was not presented before the Judicial Service Commission as per the law before being subjected to criminal investigations.
The Siaya Senator, who is among several lawyers fighting to have Mwilu's criminal case dismissed, also insisted that the case in which she's accused of defrauding Imperial Bank should have been civil rather than criminal.
“The Director of Public Prosecutions, having instigated the charges, went on a fishing expedition to find dirt on Ms Mwilu and hence ended up criminalizing a civil matter,” said Mr Orengo.
The case is being heard by a five-judge bench of Justices Hellen Omondi, Mumbi Ngugi, Francis Tuiyot, William Musyoka and Chacha Mwita.
DCJ Mwilu moved to the High Court to challenge her criminal prosecution following a recommendation by the DPP for her to be charged with obtaining execution of security belonging to Imperial Bank Ltd by false pretense.
She is also set to be charged with abuse of office, accepting a monetary gift in circumstances that undermined public confidence in f her office, failing to pay taxes and disregarding the law.
Mwilu is facing a total of 13 counts, seven of which relate to failing to pay about Sh 12 million stamp duty to the Kenya Revenue Authority. She allegedly committed the offences between 2013 and 2016.
The five judges are tasked to make a ruling whether or not Mwilu should be first subjected to JSC for hearing of the allegations or she should face the trial based on DPP's recommendations.