BY NAMULONGO PETER,NAIROBI,9TH OCT 2018-Deputy Chief Justice (DCJ) Philomena Mwilu will next week know whether she will be prosecuted over abuse of office. This is after High Court on Tuesday extended orders barring her prosecution.
Justice Chacha Mwita said he will rule on a
petition seeking the formation of a three-judge bench to determine
whether the DCJ should be prosecuted over alleged abuse of office on
Director of Public Prosecutions Noordin
Haji argued that Ms Mwilu’s petition is likely to determine whether
judges are immune from prosecution, hence the case should be heard and
determined by at least three judges.Under Kenyan law, cases that raise queries over the Constitution
and require its interpretation are usually determined by at least two
judges selected by the Chief Justice. A single judge can, however,
determine such matters but after consulting the Chief Justice.
Haji said Ms Mwilu’s petition will answer the question of whether there
is a difference between a crime committed by a judge and that committed
by an ordinary citizen.
On his side Lawyer Okong’o Omogeni, who is defending Ms Mwilu, said Mr Haji has abused his powers by charging the DCJ over a commercial transaction.
Mr Omogeni has opposed Mr Haji’s plea to refer the case to Chief Justice