ODM pokes holes in Mwilu's arrest, links it to 'revisit' remarks

ODM Secretary general Edwin Sifuna. /FILE
ODM Secretary general Edwin Sifuna. /FILE

The ODM party has raised concern in the manner Deputy Chief Justice Philomena Mwilu was arrested and arraigned saying due process was not followed.

The party said although it fully supports government's efforts to fight corruption, there was an element of foul play in the arrest of the DCJ.

"It is to be remembered that at the height of the fight for electoral justice the Judiciary came under sharp criticism with the Jubilee side promising to "revisit" what they called "problems" within the Judiciary following the annulment of the Presidential vote by the Supreme Court in 2017," ODM secretary general Edwin Safula said in a statement.

He said that they are giving the DPP the benefit of doubt but the "signs are troubling".

"In the matter of the DCJ Justice Mwilu, it is difficult not to be concerned about whether the DPP applied his mind to the requirements of Article 157(11) especially in light of Kenya's recent History,' the statement said.

Mwilu was arrested on Tuesday afternoon at the Supreme Court.

Director of Public Prosecutions Noordin Haji said she abused office for personal gain and received a bribe.

"Evidence shows she accepted a cash gift; undermining public confidence in the integrity of her office and failed to pay taxes," Haji said.

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But Sifuna said the

office of DCJ is a high-level constitutional office and like other Judicial offices, it has an elaborate mechanism for enforcing discipline.

"Indeed cases of alleged criminal conduct involving judicial officers have in the past been processed through the JSC in the first instance. This was the case with the allegations of bribery against Justice Tunoi and alleged assault against former DCJ Nancy Baraza."

ODM said that the Party wishes to remind DPP not to open his office to manipulation especially by state and non-state actors.

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