The Office of the Director of Public Prosecutions is preparing to add bait to their hook to trap the Deputy Chief Justice.
This time, working together with the DCI, they will throw the hook deeper in the waters of justice.
DPP Noordin Haji faulted the ruling that annulled criminal charges to be preferred against DCJ Philomena Mwilu.
Noordin, while addressing the press in his office, said the court’s decision was laid on a ground that was not prayed for.
“The court should not have exceeded its powers to demonstrate how the evidence was obtained as it was not in the prayers or in the issues for determination,” he said.
In their ruling, the bench upheld all the grounds of charges fronted by the DPP and DCI except on the legality of obtaining Mwiki’s bank statements.
The authorities now argue, that was not to be argued, and if it was, the court did not allow them a right to explain the process of obtaining the documents.
“We had all the warrant issues regarding the investigation of DCJ Mwilu,” said Haji.
“We obtained the orders from Milimani Law Courts”.
The DPP said they did not obtain the evidence from the Imperial bank as the court claimed.
“We are sending our evidence to JSC as we pursue other grounds on the ruling,” he asserted.
DCI George Kinoti felt the ruling was a setback in their pursuit for justice but declared that nothing would stop their quest.
“The ruling will not deter us whatsoever. It was a shock to hear that we obtained the evidence illegally,” said Kinoti.
“How could we have proceeded with the prosecution without having admissible evidence? We are serving everyone equally”.
Only time, is left to determine whether the DCJ office is cursed, women in power are battled or the law remains blind. Once again, it was a showdown between prosecutors and lawyers cane to play, this time with lawyers feet glued to the ground, for one of their own, or maybe, for their future.
Unlike other ordinary proceedings, the court gallery was filled with lawyers evident in the legal jargon that filled the air.
With every issue determined by the judges,the lawyers whispered into each other’s ears.As the judges read their judgements, it became more difficult to predict the verdict.
The prosecution seemed to be scoring too many points, except where it actually counted.
"The ruling has thrown almost laid to rest the begging question that the office of theDCJ is cursed following predecessor’s incomplete tenure. Or the thought that women power is fought.
