The office of the DPP has filed a fresh application seeking to set aside orders staying the criminal proceedings against Deputy Chief Justice Philomena Mwilu.
Through lawyer Lillian Obuo, the DPP wants the court to order the immediate transfer of the petition filed by Mwilu challenging her prosecution to the Anti-Corruption and Economic Crimes Division of the High Court.
The matter is before the Constitutional and Human Rights Court.
Justice Chacha Mwita declined to transfer the matter and directed the application be heard on October 9.
“Since there is a date set for hearing the petition and to avoid confusing the court diary, I hereby direct that this matter be served upon the respondents and parties to appear on October 9 for an inter-parties hearing,” the judge said.
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Obuo and Secretary of Public Prosecutions Dorcas Oduor had yesterday told Justice Mwita the matter should be determined by the division to ensure consistency and judicial harmony in decision-making on all anti-corruption and economic crimes cases.
The court heard the orders staying Mwilu’s criminal case was granted ex-parte and no directions were given by the court on whether the matter would be set down for inter-parties hearing to allow the DPP an opportunity to state a case on why the conservatory orders ought not to have been granted.
“We have been denied an opportunity to state our case as to why the conservatory orders ought not to have been granted. This is an issue that should have been canvassed inter-parties,” Obuo’s affidavit reads.
On September 8, the DPP made an application seeking to have Mwilu’s case handled by a five-judge bench on grounds it raised substantial questions of law and it is of public importance. The application has not been heard.
Mwilu obtained orders on August 29, suspending her criminal case. She says the charges are not coincidental and appear to be part of a larger scheme to embarrass her in her capacity as the Deputy Chief Justice and to expose her to ridicule and harassment.
The DCJ has claimed there have been efforts to remove her from office after she joined in the nullification of President Uhuru Kenyatta’s election last year.
In an affidavit, Mwilu says following threats made by the President after nullification of his first win, a series of events have targeted the Judiciary, specifically the majority of judges.
But the DPP has maintained that it acted independently, not under any political influence to charge her.
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