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Magistrate rejects order blocking Mwilu’s charges due to error

The magistrate put off the matter to give the High Court time to rectify the error on the case number the order is effecting/CFM NEWS

NAIROBI, Kenya, Aug 29 – Criminal proceedings against Deputy Chief Justice Philomena Mwilu and her co-accused have been adjourned to Friday.

This follows a decision by Anti-Corruption Court Chief Magistrate Lawrence Mugambi to reject orders from the High Court by Justice Chacha Mwita halting the criminal trial.

The magistrate put off the matter to give the High Court time to rectify the error on the case number the order is effecting.

Magistrate Mugambi issued the directive after the Secretary of Public Prosecutions Dorcas Oduor shot up on a point of objection saying order issued by Justice Mwita is for a different case.

The order obtained by Mwilu is supposed to stop criminal case 292 of 2018 but the case number for the DCJ before the Anti-Corruption Court is 38 of 2018.

“Court orders must be specific and should never give room for interpretation, I agree with the State that orders by the High Court do not apply to this matter. In the meantime the accused persons remain out on the same bond terms granted yesterday,” he ruled.

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