High Court Justice Chaacha Mwita has extended orders barring the prosecution of Deputy Chief Justice (DCJ) Philomena Mwilu until next week.
While extending the orders, Justice Mwita said he will rule on a petition by the Director of Public Prosecution Noordin Haji seeking the formation of a three-judge bench to determine whether the DCJ should be prosecuted over alleged abuse of office on October 17.
The DPP argues that 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.
While defending Mwilu, her lawyer Okong’o Omogeni, accused the DPP of abusing his powers by charging the Deputy Chief Justice over a commercial transaction.
Omogeni has opposed Haji’s plea to refer the case to the Chief Justice David Maraga for the creation of a three-judge bench to determine Mwilu’s application to quash the criminal case.
Mwilu is facing five corruption-related charges including improperly obtaining the execution of a Sh12 million security belonging to the Imperial Bank between August and October 2013.
Mwilu also faces abuse of office, unlawful failure to pay taxes and conducting herself in disregard of the law.