Director of Public Prosecution (DPP) Noordin Haji has accused Deputy Chief Justice Philomena Mwilu of trying to sabotage her trial.
Through the Public Prosecution Secretary, Dorcas Oduor, Haji accused justice Mwilu of obtaining court orders that stop the Judicial Service Commission (JSC) from proceeding with the hearing of her case.
The DPP made the claims in an application in which he is seeking, alongside the Director of Criminal Investigations (DCI) to be enjoined in a suit in where Mwilu was sued on the grounds of misconduct and bias.
“It is a mockery when she continues sitting at the JSC and conducting disciplinary hearings against other judges while frustrating the conclusion of her misconduct case. She has come to court with unclean hands and should not be allowed to drink from the pure waters of equity,” said Oduor as quoted by Standard.
In June last year, the DPP petitioned to have JSC remove Justice Mwilu on the grounds that he had established sufficient grounds to facilitate her removal.
In an 18-page petition, DPP stated gross misconduct, misbehavior and the breach of the Judiciary code of conduct.
Additionally, Haji highlighted 49 suspicious financial transactions running into millions that had raised eyebrows among senior officials at the Kenya Revenue Authority, who called for the investigations.
Haji noted: “The Judicial Service Commission be pleased to find that there are sufficient and overwhelming grounds for recommending to His Excellency the President that a Tribunal be appointed to inquire into these events and particularly to find a reason for the removal of the Respondent from office, station and position of the Deputy Chief Justice.”
In the petition, there were details of how Mwilu on October 28, 2014, obtained cash amounting to Sh3 million from the Supreme Court parking lot. Additionally, a further Sh7 million was apparently delivered on the day, in the afternoon at her office at the Supreme Court.
However, Mwilu survived prosecution over the allegations after a five-judge bench faulted the conduct of the Director of Criminal Investigations George Kinoti stating he obtained evidence against her illegally.