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Show Swahili

CJ David Maraga talks about DCJ Mwilu's case

29th August, 2018

In a day of high legal drama, Chief Magistrate Lawrence Mugambi has declined to halt Deputy Chief Justice Philomena Mwilu's prosecution hours after High Court Judge Chacha Mwita stayed it.

Magistrate Mugambi has  ruled that the orders by High Court temporarily blocking the DCJ’s casedo not apply to the case before him. “I don’t want to amend the orders of the court, that will be trespassing on dangerous areas. I am only guided by an order that is clear and specific. So this order, in my view, does not apply to this case,” ruled Magistrate Mugambi.

The High Court had suspended DCJ Philomena Mwilu’s caseuntil constitutional issues surrounding the case are resolved. Judge Chacha Mwita ruled that there were constitutional questions to be addressed in the petition, especially on grounds that it was a commercial matter and whether it can lead to the arrest of a judge. He ruled the matter will remain pending until October 9, 2018. Justice Mwilu had on Wednesday morning filed a petition at the High Court challenging her prosecution. She also said that the Director of Public Prosecutions (DPP) had no powers to arrest her.

The Kenyan top judge is facing several charges of forgery, abuse of office and unlawful failure to pay taxes. She was Wednesday morning arraigned before the Anti-Corruption Court to take a plea.

Magistrate Lawrence Mugambi referred orders suspending prosecution of DCJ Philomena Mwilu back to High Court Judge Chacha Mwita for a correction on case number. He maintained Sh5 million personal bond for the DCJ and ordered parties to appear before him on Friday August 31 at 11am.