Detectives would have after all arrested embattled Deputy Chief Justice Philomena Mwilu on Friday before dramatic interjection by President Uhuru Kenyatta, it has emerged.
Hours before his flight to Washington DC, Uhuru held a crisis meeting with detectives where her fate was discussed in-depth, a source has revealed.
And on Tuesday, Mwilu was arrested after a series of meetings at Supreme Court in which DPP Noordin Haji and DCI George Kinoti also attended.
In a press conference, Haji said that he formally informed Chief Justice David Maraga and JSC over the decision.
"We have the evidence required to pursue criminal charges against her and we have formally told the Chief Justice.
"She is being charged with receiving gifts inform of money, evading taxes and abusing her office," he said.
The investigations which have been going on for months, links Mwilu to collapsing of Imperial Bank that was put under receivership in 2015.
And on Friday, Uhuru is said to have asked detectives in State House and in subsequent meeting at Harambee House to take time before executing the plan.
"She was among the list of people in the dossier handed over to Uhuru by detectives. Due to her nature of job, he asked them to look into the matter to ensure no law is breached," said the Jubilee politician who spoke in confidence.
A part from criminal charges, a sitting judge's conduct can only be investigated by JSC which can recommend a tribunal if need be.
The dossier also is believed to have implicated a senior Jubilee politician whose PA was caught with Sh500 million in a raid conducted last Wednesday.