A petition has been filed before High Court challenging Deputy Chief Justice Philomena Mbete Mwilu’s prosecution.
Mwilu on Wednesday morning filed the petition seeking to stop her from taking a plea.
In her petition, the DCJ has sued the DPP, DCI, the Attorney General, and chief magistrate of the Anti-corruption court. Through her lawyer Okongo Omogeni, Mwilu argues that “charges have been commenced in abuse of court process with the singular objective of embarrassing me.”
The application challenging the plea taking will be heard before Justice Chacha Mwita.
Mwilu was on Tuesday arrested and charged with corruption, failure to pay tax and improper dealings with Imperial bank.
Appearing before Anti-Corruption Court chief magistrate Lawrence Mugambi an emotional Lady Justice denied all the 13 charges leveled against her.
She was later on released on a personal bond of Sh5 million but will return to court today (Wednesday).
Director of Public Prosecutions (DPP) Noordin Haji after the arrest told reporters that the DCJ received Sh12 million from Imperial Bank, which is under receivership.
Haji also shut down rumours that his decision to prosecute the Supreme Court Judge was influenced by anyone.
ODM leaders have since defended the DCJ saying that her arrest was only but a witch hunt.
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“It is to be remembered that at the height of the fight for electoral justice the Judiciary came under sharp criticism with the Jubilee side promising to “revisit” what they called “problems” within the Judiciary following the annulment of the Presidential vote by the Supreme Court in 2017,” ODM secretary general Edwin Safula said in a statement.
The lady Justice is already at the Milimani Law Courts.
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