The case against the Deputy CJ Philomena Mwilu is taking twists after Chief Magistrate Lawrence Mugambi halted the suspension of the prosecution charges by High Court Judge Chacha Mwita.
The chief magistrate cited that orders needed to be clear. Mwita’s stay orders were reverted under technicalities that arose where the case number differed from the case that was before the magistrate.
Judge Mwita had suspended the charges facing the Deputy CJ saying that they were conjured up by commercial disputes, and the court was looking to establish whether the allegations could be used as a basis for criminal prosecution.
He had directed the Deputy CJ Mwilu to serve both the petition and application to the DPP, DCI, and Attorney General, and pushed the case to be heard on October 9 in detail.
Mwilu’s lawyers led by senior counsel James Orengo had requested the court to grant the stay order claiming that the technicality was based on a human error.
DCJ Mwilu, who was arrested by officers from Directorate of Criminal Investigations (DCI) on Tuesday, had filed her case through her lawyers on Wednesday in a bid to stop her from taking a plea against the 12 million shillings graft case.
Her lawyers including Nelson Havi, John Khaminwa, Harun Ndubi, and Okong’o Omogeni to name a few argued for her case before the High Court Judge, Mwita.
Mwilu, in her application, has decided to sue the Attorney General, the chief magistrate of the Anti-corruption court, the Director of Public Prosecution, Noordin Haji, and the DCI.
According to Chief magistrate Mugambi, the decline of the stay orders were not conclusive and, therefore, the case was still within the jurisdiction of his court.
DCJ Mwilu’s lawyers were asked to go back and amend the application. The case has now been adjourned to Friday, the 31st.