• The DPP said he will file a complaint to JSC.
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DPP Noordin Haji has vowed to appeal a decision by the High Court to halt the prosecution of DCJ Philomena Mwilu.
Haji insists that they obtained all the evidence presented to court within the law but accused judges of ruling on a matter that was not before them.
"We obtained the orders from Milimani Law Courts. We did not obtain the evidence from Imperial Bank. We are sending our evidence to JSC as we pursue other grounds on the ruling made today," he said.
"The court should not have exceeded their powers to demonstrate how the evidence was obtained as it was not in the prayers."
Haji made the statement on Friday following the High Court's decision to throw out the case against Mwilu.
The DPP said he will file a complaint to JSC.
The five-judge bench hearing Mwilu's case quashed the criminal case, saying the DCI violated Mwilu's right to privacy by the manner in which it obtained its evidence by accessing her IBL accounts.
"DCI's way of obtaining the evidence has irredeemably rocked the foundation in which the charges stand," they held.
The prosecution said it will appeal the decision.
The judges however held that there was factual and legal basis for initiating of the charges and they were not defective for lack of a complainant as the republic is also a proper complainant.
The bench said it cannot fault the DPP's decision to prosecute, but held the manner in which the DCI obtained its evidence was detrimental to administration of justice.