Karua and Khalwale Differ Over the Prosecution of Mwilu

Former Kakamega senator Boni Khalwale came to the embattled Deputy Chief Justice Philomena Mwilu’s rescue asking why she was being subjected to the treatment of being presented a court of law yet her colleagues faced the Judicial Service commission (JSC).

He took to twitter to state that the DCJ should be accorded the same treatment as her predecessors. Boni Khalwale asked the Chief Justice David Maraga why the JSC was not hearing the case against Mwilu

JOKES ASIDE!
When Nancy Baraza was accused of abuse of office, when Justice Tunoi faced bribery accusations, their matters were processed through the Judicial Service Commission. CJ Maraga must now disclose why the same standard was not applied in DCJ Philomena Mwilu’s case. pic.twitter.com/WvfrZoTyoM

— Dr Boni Khalwale, CBS (@KBonimtetezi) August 30, 2018

NARC Kenya leader Martha Karua however answered the vocal former senator’s question stating that the role of the JSC in relation to judges was only limited to employment issues and not criminal issues. She said that the constitution did not provide for a separate prosecution mode for judges.

The constitution does not provide for different process for judges accused of criminal offences ! JSC deals with employment issues not crime !

— Martha Karua SC (@MarthaKarua) August 30, 2018

Khalwale did not buy Karua’s explanation stating that former DCJ Nancy Baraza’s case for assaulting a security guard and that of Jusstice Tunoi accused of bribery were not employment issues but were criminal in nature.

With due respect, u don’t get it! Accusations against both Nancy Baraza & Tunoi were similarly criminal. Martha Karua, what is good for the goose must also be good for the gander! https://t.co/KZB6SpfwS6

— Dr Boni Khalwale, CBS (@KBonimtetezi) August 30, 2018

Bungoma senator and Ford Kenya party leader  Moses Wetangula weighed in on the issue supporting Khalwale he asked the chief Justice about the role of the JSC which he chairs  and is constitutionally constituted to handle such issues.

CJ Maraga, Bonny Khalwale is right. What happened to JSC, the supreme constitutional judicial organ that you chair?

— Rt.Hon.Dr.Moses Wetang'ula (@HonWetangula) August 30, 2018

Philomena Mwilu was arrested accused of abuse of office for personal gain and failure to remit taxes to KRA, the High court yesterday issued stay orders to stop her from being prosecuted in the chief magistrates court.

Read:

The DPP Noordin Haji said that he had sufficient evidence to prosecute the deputy chief justice. Her predecessor Nancy Baraza was forced to resign after  her incident with a security guard.

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