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February 17, 2019

Resist ‘persecution’, MP Barasa urges Judiciary on Mwilu case

Kimilili MP Didmus Barasa at Katiba grounds in Kimilili on Wednesday/ JOHN NALIANYA
Kimilili MP Didmus Barasa at Katiba grounds in Kimilili on Wednesday/ JOHN NALIANYA

An MP has asked the Judiciary to stand firm despite being ‘persecuted’ by the executive.

Speaking in Kimilili town on Thursday, Kimilili MP Didmus Barasa said the war on corruption had turned personal.

Barasa said certain individuals in  government were using the Director of Public Prosecutions to 

settle scores. 

He called on the Judiciary not to sacrifice its independence.

“The judiciary officers are being targeted. Charges against the Deputy Chief Justice Philomena Mwilu are frivolous, meant to humiliate her and cause fear among other judicial officers. She has been framed and targeted for her stand in fighting graft menace in the country,” said Barasa.

He urged President Kenyatta should not retaliate against 

the judiciary.

A day after the Supreme Court annulled his election win in August last year Uhuru said there was “a problem” with the judiciary that must be fixed.

“We shall revisit this thing. We clearly have a problem,” he said, referring to the judiciary.

“Who even elected you? Were you? We have a problem and we must fix it,” he said, speaking on live television at the State House after he met governors and other elected officials from his Jubilee party.

Barasa said the arrest of DCJ Mwilu showed the Judiciary was not independent at all.

He asked the Chief Justice David Maraga and Judicial Service Commissioners not to allow Mwilu to be charged because they would be next.

He also asked Director of Public Prosecutions Noordin Haji to safeguard the independence of his office.

“DPP should not allow himself to be used by a few individuals to humiliate other people. There are those who were ahead of you in the same office, be careful,” said Barasa.

On  Wednesday, High Court Judge Chacha Mwita suspended criminal charges against Mwilu.

The DCJ was directed to serve both the petition and application to the DPP, DCI, and Attorney General.

Mwita said the petition raises constitutional issues that need to be addressed.

He held that the charges Mwilu faces arose out of a 

commercial dispute.

So, the court needs to determine whether a commercial dispute can amount to a criminal charge.

The matter will be heard on October 9.

Mwilu had moved to the High court to block her prosecution in the Sh12m graft case.

She filed the case through her lawyers on Wednesday seeking orders to stop her from taking a plea.

Lawyers Nelson Havi, Harun Ndubi, Okong’o Omogeni, John Khaminwa, and others argued the petition before Mwita.

In the application, Mwilu has sued the DPP, DCI, the Attorney General, and chief magistrate of the Anti-corruption court. 

DPP Haji said the charges were not politically motivated.

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