High court order suspending criminal prosecution of DCJ to remain-Magistrate court

High court order suspending criminal prosecution of DCJ to remain-Magistrate court

BY NAMULONGO PETER,NAIROBI,31ST AUG 2018-Anti-corruption court chief magistrate Lawrence Mugambi has ruled that the orders that were given by high court judge Chacha Mwita on Wednesday suspending persecution of deputy chief justice Philomena Mwilu will remain in force.

While issuing the ruling,Mugambi however says the terms of her bond will remain.

It will be remembered that on Wednesday Justice Mwilu obtained the order after arguing that her appearance in the dock is part a plan by President Uhuru Kenyatta to avenge her vote for a repeat presidential election in August last year.

High Court judge Enoch Chacha Mwita suspended the criminal case until October 9 when he will hear the petition.

Mr Muluvi on Friday morning obtained an order from Justice Chacha allowing the suspension to apply to him as well.

The mix up in case numbers on Wednesday  prompted justice Mugambi to  adjourn  the case to allow Justice Mwilu’s lawyers to correct an error in the High Court order. The order referred to a criminal case number 292 of 2018 instead of 38 of 2018.

Deputy Director of Public Prosecutions Dorcas Oduor, representing the DPP Noordin Haji, on Friday morning pointed out that the order was still erroneous because it referred to a petitioner before the Chief Magistrate’s Court, yet Justice Mwilu is only an accused before Mr Mugambi.

Despite the hitch, Mr Haji’s office allowed the court order to stand, something Mr Mugambi nodded to.

Mr Mugambi, however, ordered Mr Muluvi’s lawyers to present the court order he obtained on September 5, 2018.

The case will be  mention  on September 22.




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