A five High court bench has ruled that Deputy Chief Justice Philomena Mwilu will not be prosecuted.
The bench consisting of Justices Hellen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita and Francis Tuiyot said that the Directorate of Criminal Investigation (DCI) obtained the evidence to prosecute Mwilu illegally.
The court said the the DCI violated Mwilu’s right to privacy by the manner in which it obtained its evidence by accessing her accounts.
“DCI’s way of obtaining the evidence has irredeemably rocked the foundation in which the charges stand,” they held
The courts however did not find fault in the office of the Director of Public Prosecution’s (DPP) decision to prosecute the DCJ Mwilu but said that the evidence that they relied upon was illegally obtained.
The court however dismissed claims by the defence team claiming that the charges leveled against the DCJ Mwilu were defective as they lacked a complainant. The Judges held that the Republic could also be a complainant and therefore the prosecution’s intention to prosecution was legal and factual.
Mwilu had obtained court orders stopping her prosecution and filed a petition asking the court to drop the charges leveled against her by the DPP.