DCJ Philomena Mwilu’s case starts, ICJ, Fida want to be enjoined

Deputy Chief Justice Philomena Mwilu's case has taken off.

Justice Hellen Omondi is leading a five bench team of Judges in the Deputy Chief Justice Philomena Mwilu's graft case. The other four Judges are Mumbi Ngugi, Francis Tuiyot, William Musyoka and Chacha Mwita.

The five-Judge bench will begin hearings on 6th December 2018. The case against DCJ Mwilu was filed by Director of Public Prosecutions Noordin Haji.

The bench is expected to first rule on two applications by the Federation of Women Lawyers (FIDA Kenya) and International Commission of Jurists, Kenya who are seeking to be enjoined in the case.

At the same time the DPP and Attorney General have opposed applications to have FIDA, ICJ Kenya and Adrian Kamotho from being enjoined in the case.

Initially, the Deputy Chief Justice had challenged the corruption charges levelled against her in the High Court which stopped the trial.

The five-judge bench will also decide whether sitting judges should be charged for criminal acts committed outside their duties or whether judges are immune from prosecution while serving. Justice Omondi sits in Eldoret while Justice Mumbi at the High Court in Kericho.

Justice Tuiyott is a commercial court judge while Justice Musyoka, who was hearing family court cases in Milimani, now is in Kakamega.

Justice Mwita sits in Milimani Court as a Constitutional Division Court judge and had touched on Justice Mwilu’s file by issuing temporary orders that she should not be charged until her case is heard and determined.

In her case, Justice Mwilu argues that the DPP’s charges stemmed from a purely commercial transaction that should not mutate to a criminal charge.

She filed her case before the Constitutional Division of the High Court, arguing that her rights were at stake.

Before the five Judge bench was constituted Justice Chacha Mwita, who was handling the matter said Mwilu’s case had raised important questions that required more than one judge to interpret.

He said the case touched on the independence of the Judiciary and that no sitting judge had been arrested or charged before a criminal court after the Constitution was promulgated in 2010.

“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,” ruled Justice Mwita.

Justice Mwilu is fighting off charges of:
Obtaining execution of a security belonging to Imperial Bank Limited by false pretense.
Abusing her office for personal gain.
Accepting a gift in the form of money in circumstances which undermined public confidence in the integrity of her office.
Unlawful failure to pay taxes. Conducting herself in disregard of the law.
Obtaining execution of a security belonging to Imperial Bank Limited by false pretense. Abusing her office for personal gain.
Accepting a gift in the form of money in circumstances which undermined public confidence in the integrity of her office.
Unlawful failure to pay taxes.
Conducting herself in disregard of the law.