Deputy Chief Justice Philomena Mwilu’s name has this week been dragged in the mud after her arrest. She becomes the first high ranking judge to be charged with corruption after the presidential petition of 2017.
In an Affidavit seen by Kahawa Tungu the DCJ says that her arrest was not pegged on the quest for justice or public interest but was malicious with intent of embarrassing her.
She says the matter which she was arrested for was purely based on commercial transaction and therefore the office of public prosecution and the Directorate of criminal investigation perhaps had ulterior motives.
According to DCJ Mwilu the charges are part of a larger scheme to embarrass her, expose her to public ridicule and ultimately remove her from office.
DCJ Mwilu was represented by 34 lawyers who included some of the best minds in the legal profession argued that the case was not properly constituted by the DPP.
They argued that the magistrate courts whose jurisdiction is limited to applications of violation, denial or infringement of issues aligned under article 25 of the constitution and therefore the magistrates court could not handle the said case.
We shall revisit
DCJ Mwilu who read the larger part of the judgement that annulled the win of president Kenyatta during the August 8 2017 election said in the sworn affidavit that she had been turned to the sacrificial lamb in the revisit agenda.
She claims that the incidences that have surrounded her in the recent past are a clear indication that she was being targeted. This includes the shooting of her driver.
The DCJ intently feels that the DPP and the DCI were using state resources to cause injustices in the name of fighting corruption which is a matter that is in the interest of the Public.
The DCJ managed to get stay orders suspending her prosecution in the chief magistrates court, her matter will be heard in the High court in October. The prosecution said that they would obey the court orders but said that they had sufficient evidence against the Ms Mwilu that could lead to a conviction
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