Orange Democratic Movement (ODM) Party has cast doubts on the arrest of Deputy Chief Justice Philomena Mwilu, saying that the move could be politically instigated.
In a statement to newsrooms, ODM Secretary General Edwin Sifuna said that Mwilu’s case should have first gone through the Judicial Service Commission as is the norm for disciplinary cases involving high ranking judicial officers.
“We want to give the DPP the benefit of doubt but the signs are troubling. The office of DCJ is a high level constitutional office and like other Judicial offices has an elaborate mechanism for enforcing discipline. Indeed cases of alleged criminal conduct involving judicial officers have in the past been processed through the JSC in the first instance,” says reads the ODM statement signed by Sifuna.
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“This was the case with the allegations of bribery against Justice Tunoi and alleged assault against former DCJ Nancy Baraza. The reasoning is simple really, to save the image of the institution by first cutting links with the accused person before taking them through the criminal trial process. One wonders why was this was not an option in the present case,” adds the statement.
The party has warned the office of the Director of Public Prosecutions (DPP) to shun from any practice that may tint its image, ruining the work they have been doing in the fight against corruption.
This was the case with the allegations of bribery against Justice Tunoi and alleged assault against former DCJ Nancy Baraza. The reasoning is simple really, to save the image of the institution by first cutting links with the accused person before taking them through the criminal trial process. One wonders why was this was not an option in the present case.
The party further doubted the way the DPP Noordin Haji moved with speed to defend the arrest of the DCJ, saying that his statement lacked substance.
“The long winding statement he gave justifying his action against the DCJ did not inspire much confidence. He must now speedily conclude this prosecution remembering always that Kenyans shall not forgive him should this turn out to be a politically instigated witch hunt,” concluded the statement.
Mwilu is facing charges for abuse of office, tax evasion, involvement in the fall of imperial Bank among other charges. She will appear in court tomorrow at 9 a.m.
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