Kenya’s embattled Deputy Chief Justice, Philomena Mwilu has received temporary reprieve
Judge Mwilu had moved to the High Court to block her prosecution in the Sh12 million graft case.
On Wednesday, the High Court stopped criminal proceedings against her and lawyer Stanley Kiima both of whom are facing graft charges in relations to corruption and tax evasion charges surrounding the collapsed Imperial Bank.
High Court Judge Chacha Mwita suspended the criminal charges against the Deputy Chief Justice saying the petition raises constitutional issues that need to be addressed first.
He held that the charges Mwilu faces arose out of a commercial dispute, hence the court needs time to determine whether a commercial dispute can amount to a criminal charge.
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The Deputy CJ has been directed to serve both the petition and application to the Director of Public Prosecutor, Director of Criminal Investigations, and Attorney General.
Judge Mwilu had moved to the High Court to block her prosecution in the Sh12 million graft case.
She filed the case through her lawyers on Wednesday seeking orders to stop her from taking a plea.
Lawyers Nelson Havi, Harun Ndubi, Okong'o Omogeni, John Khaminwa, and others argued the petition before Jude Mwita.
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Judge Mwilu was arrested on Tuesday and taken to the Directorate of Criminal Investigations for questioning.
The matter will be heard on October 9.
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