By Victor Nabiswa
Beleaguered Deputy Chief Justice Philomena Mwilu has moved to the High Court in a bid to stop the Office of the Director of Prosecutions (ODPP) from pressing charges against her.
The DCJ who had been asked to appear in an anti-corruption court to face corruption charges, sought to have the court bar her from taking a plea in the Ksh12 Million fraud accusations levelled against her.
She has indicted DPP Noordin Haji, along with DCI boss George Kinoti, Attorney General Paul Kihara and Anti-Corruption Court Chief Magistrate Lawrence Mugambi over what she termed as malicious prosecution intending to embarrass her.
In the application filed by her lawyers, senior counsel John Khaminwa and Okong’o Omogeni, she argues that her arrest was part of a scheme to humiliate her.
Senior Counsel James Orengo, appearing before Justice Chacha Mwita, maintained that the respondents had displayed an unusual level of efficiency in how the DCJ was arrested and arraigned in court.
In addition to the Ksh12 Million fraud charge, Mwilu was also accused of abuse of office, tax evasion and fraudulently executing a security belonging to the collapsed Imperial Bank.
But while explaining why he had taken the firm action to arrest the DCJ, DPP Noordin Haji assured members of the public that extensive investigations had been conducted and there was enough evidence that indeed she was liable for the accusation levied against her.
“This afternoon, I informed Chief Justice David Maraga of my decision to grant consent for the arrest and prosecution of the deputy chief justice, Lady Justice, Philomena Mbete Mwilu, on criminal charges.