Government opposes three parties in Mwilu's case, says they offer nothing new

DCJ Philomena Mwilu and Makueni Senator Mutual Kilonzo Jnr at a Milimani Court where she was due to take plea on Wednesday, August 29, 2018. DCJ Mwilu is facing various charges relating to tax evasion, forgery and abuse of office. [Photo: George Njunge / Standard]

The Government wants three parties who want to join Deputy Chief Justice Philomena Mwilu’s case locked out.

The Director of Public Prosecution Noordin Haji and Attorney General Kihara Kariuki in their separate submissions before the High Court on Monday cited bias and parties wanting to clog the case without helping the court to determine the case.

Noordin’s case was argued by senior prosecutors Dorcas Oduor and Alexander Muteti.

Women lawyers lobby, Federation of Women lawyers of Jurists and a lobbyist lawyer Adrian Kamotho in their separate applications argued that they had a stake in the case.

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Fida and Kamotho want Justices Hellen Omondi, Mumbi Ngugi, Chacha Mwita, Francis Tuiyott and William Musyoka to enjoin them as interested party while ICJ wants to participate as a friend of the court (amicus curiae).

Fida in its application argued that Justice Mwilu was being targeted for being a woman.

At the same time, Kamotho claimed that he had been mentioned in the case by Justice Mwilu. However, he opted to defend her saying that she was charged with a non-existing law.

ICJ on the other hand said it had information and expertise to contribute in the case that other parties did not have.

“The petition does not raise any issue of discrimination on the basis on gender bias as presented by FIDA.Parties cannot be allowed to raise new in the case,” argued Oduor.

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It emerged that FIDA is part of Justice Mwilu’s defense team at the magistrate’s court.

“The fact she assented to a Deputy Chief Justice is a confirmation that women are treated equally just as men.It is important to note that FIDA appears as a defense team in the lower court,” argued Muteti.

According to the DPP, the women lawyers’ lobby has already taken side in the case but they did not disclose their interest.

Lawyer Kamotho was referred to as a vexatious petitioner as he had pushed for Justice Mwilu’s removal after the controversial nullification of 2017 Presidential election petition.

“Consider their application as a non-starter, more so when they have not identified the prejudice they are going to suffer,” Miteti added.

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DPP said there is no new issue that ICJ would bring on board as Justice Mwilu has already raised the question on whether a sitting judge can be charged with a criminal offense.

Attorney General through lawyer Immanuel Mbita argued that criminal cases touch on individuals hence all parties that wanted to be joined had no claim in the case.

“Criminal proceedings are personal to the accused, hence Fida has no claim to the case,”argued Mbita.

GovernmentPhilomena MwiluNoordin HajiAttorney GeneralFidaChacha Mwita