High Court Judge Chacha Mwita has suspended the prosecution of the Deputy CJ Philomena Mwilu terming the case as one that calls for constitutional issues that require immediate attention.
Deputy CJ Mwilu has been directed to serve both the petition and application to the DPP, DCI, and Attorney General.
According to Mwita, the charges facing the DCJ were conjured up by commercial disputes, which is why the court is looking to establish whether the allegations can be used as a basis for criminal prosecution. The case has been pushed and will be heard on October 9 in detail and for further directions to be given.
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 sued the Attorney General, the chief magistrate of the Anti-corruption court, the Director of Public Prosecution, Noordin Haji, and the DCI.
Meanwhile another ruling on whether the case would be pursued before the court after the transient blocking order against the DCJ was set to be given by Chief Magistrate Lawrence Mugambi.