Chief Justice David Maraga has named five judges who will hear and determine the case of Deputy Chief Justice Philomena Mwilu.
The judges: Justice Hellen Omondi, Justice Mumbi Ngugi, Justice Francis Tuiyott, Justice William Musyoka and Justice Chacha Mwita will determine the case made by DPP Noordin Haji against DCJ Mwilu.
The case will be mentioned on Monday November 5 and will determine the precedence of whether sitting judges should be charged for criminal crimes committed outside their duty and whether judges will stay immune from prosecution while on duty.
Justice Mwita had argued that even though the case can be heard by one Judge, the issues to be determined would require more than one judge to interpret.
“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.
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