CJ Maraga names 5 judges to determine DCJ Philomena Mwilu’s fate

janet ndila

November 3, 2018 9:37 AM

DCJ Mwilu's career hanging in the balance

File image of CJ David Maraga with DCJ Philomena Mwilu

Chief Justice David Maraga has named a five-judge bench to determine the fate of his deputy Philomena Mwilu.

The team is comprised of Justices Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, William Musyoka and Chacha Mwita and will determine the case filed by Director of Public Prosecutions Noordin Haji.

Mwilu who is facing charges of abuse of office and corruption will be represented by a team of lawyers largely drawn from the opposition coalition NASA.

The judges will also determine whether judges are immune from prosecution while in office or if they can be charged for criminal acts committed outside their duties.

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A communication from Milimani Law Court Deputy Registrar L Mumassabba read in part that “Kindly take notice that this five judge bench petition is coming for a mention before the full bench on November 5. Take note that you will be required to supply the court with four sets of pleadings, documents filed in court on the material day to facilitate construction of the files”.

Mwilu is accused of using her office for personal gain with the prosecution maintaining that he received huge sums of money from the collapsed imperial bank in questionable dealings.

Earlier on, Justice Mwita sits in Milimani Court as a Constitutional Division Court judge ruled that “Although the present case can be heard by a single judge, the issues that are to be determined would have a material bearing on the independence of the Judiciary.”

The case elicited memories of President Uhuru Kenyatta’s vow to “revisit the judiciary shortly after the results of last year’s August elections were nullified and a fresh poll ordered.

janet ndila