Anti-Corruption Court Chief Magistrate Lawrence Mugambi has declined to suspend prosecution of Deputy Chief Justice Philomena Mbete Mwilu as earlier ordered by High Court Judge Chacha Mwita.
However, Mugambi adjourned the case to this Friday to give the High Court time to rectify an error on the case number.
Mugambi issued the directive after the prosecution objected a high court order to suspend her case until October 9, 2018 saying that the order issued by Judge Mwita was for a different case.
The order obtained by Mwilu is supposed to stop criminal case 292 of 2018 but the case number for the DCJ before the Anti-Corruption Court is 38 of 2018.
The Chief Magistrate said Court orders must be specific and should never give room for interpretation.
The Deputy Chief Justice defense counsel led by Siaya Senator James Orengo had moved to Constitutional and Human Rights Division of the High Court to oppose the plea taking in Anti-Corruption Chief Magistrate’s court on grounds that the charge sheet was defective and the reasons for her arrest were malicious.
Mwilu, was arrested on Tuesday in relation to among others improper dealings with Imperial bank which under receivership and abuse of office.
She was released on a 5 million shillings personal bond.