By Mercy Imali
The High Court has declared that DCJ Philomena Mwilu will not be prosecuted as evidence presented by the DCI was illegally obtained.
A five-judge bench has thus quashed the criminal case against the DCJ.
The bench stated that the manner in which the DCI had obtained evidence violated Mwilu’s right to privacy. The DCI shouldn’t have accessed her IBL accounts.
“DCI’s way of obtaining the evidence has irredeemably rocked the foundation in which the charges stand,” they held.
The judges however held that there was a 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 the administration of justice.
The five-judge bench heard the case in March this year was to determine whether the DPP can institute criminal proceedings when the Judicial Service Commission has taken no action against a sitting judge.
The JSC’s inaction was despite knowledge and information about the alleged criminal conduct of the judge.
Mwilu was represented by lawyers Nelson Havi and James Orengo.
The justices are William Musyoki, Mumbi Ngugi, Hellen Omondi, Francis Tuiyott and Chacha Mwita.
Mwilu also faced charges of abuse of office, unlawful failure to pay taxes to KRA and forgery.
The prosecution said it will appeal the decision.