It is a reprieve for Deputy Chief Justice Philomena Mwilu the anti-corruption court in Milimani, Nairobi abided with a High Court order staying her case until October 9.
The DCJ is appearing before Senior Magistrate Lawrence Mugambi who this afternoon received acted on the amended Justice Chacha Mwita ruling , which he he had disregarded on a technicality because it bore the wrong cause number.
Ms Mwilu is facing charges of forgery, corruption and failing to pay taxes.
Her lawyers who have promised a bruising battle to save her maintain the state’s decision to charge her over matters that happened five years ago, is a ploy to hound her out of office and has nothing to do with fighting graft.
DCJ Mwilu is represented by a battery of 18 lawyers, including senior counsel James Orengo, John Khaminwa, Okong’o Omogeni, Daniel Maanzo, Millie Odhiambo, Peter Kaluma, Anthony Oluoch and Mutula Kilonzo Jnr.
Where it all began
Justice Mwilu is accused of receiving money in the form of a gift, failing to pay taxes, and obtaining by false pretence security belonging to Imperial Bank now under receivership.
According to the charge sheet seen by Standard Digital, she obtained Sh12 million between August 15, 2013 and October 23, 2015 from the bank headquarters in Nairobi.
The charge sheet says she influenced the manager of the bank to surrender to her two titles at the bank to obtain a Sh60 million loan.
On tax evasion, the charge sheet reads she failed to pay Sh3.1 million stamp duty for property she bought and forged a KRA stamp duty papers.
After the DCJ’s arrest on Tuesday, the Director of Public Prosecutions Noordin Haji told reporters he was satisfied with the evidence collected against the charges.
The press briefing was indicative of the seriousness with which the state was handling the matter as past arrests have not been followed up with similar briefings.