The Director of Public Prosecutions Noordin Haji now wants the court to lift orders which stopped him from charging Deputy Chief Justice Philomena Mwilu with alleged graft.
The DPP in his fresh application filed on Wednesday argued that the orders given to the DCJ and her lawyer Stanley Kiima were improper as he was not given a chance to argue against them.
While faulting the orders issued by High Court judge Chacha Mwita, the DPP also claimed that Justice Mwilu’s lawyer was issued with similar orders, stopping his prosecution, without arguing his case on merit.
“The applicant herein was denied a chance to ventilate his response on the application for conservatory orders and he will suffer substantial prejudice should be petition be heard before the issue of conservatory orders is addressed inter parties,” Senior Director of Public prosecution Lilian Obuo argued.
She continued: “This court be pleased to discharge, vary and or set aside the interim conservatory orders staying the criminal proceedings against the interested party pending before the Chief Magistrates Court.”
The DPP says that the court will be unfair to him of it will extend the orders when the case will be mentioned on 9th without giving him a chance to explain why he decided to prosecute the two.
Mr. Haji also wants the case filed by transferred from the Constitutional court to the Anti-Corruption one.
The DPP argued that all cases touching on graft ought to be contested before the anti-corruption court and not the Constitutional one.
“The petitioner (Mwilu) and the interested party (Stanley Kiima) herein seek to challenge the proceedings pending before the anti-corruption court in the Chief magistrates Court and therefore should be determined in strict compliance and adherence of the rules of the honorable court.”
“To ensure consistency and judicial harmony, it is in the best interest of justice that this matter be heard and determined before the Anti-corruption and Economic Crimes Division of the High Court,” Obuo also argued.