Mwilu sues Haji, DCI for ‘malicious’ prosecution

August 29, 2018 (4 weeks ago) 10:45 am
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Mwilu who appeared before Magistrate Mugambi Wednesday in honour of bond terms set when she was arraigned before the magistrate Tuesday evening said proceedings instituted against her had no correlation with the pursuit of criminal justice/CFM NEWS

, NAIROBI, Kenya, Aug 29 – Deputy Chief Justice Philomena Mwilu has sued the State as she seeks to stop criminal proceedings instituted against her at the Anti-Corruption Magistrate’s Court in Milimani.

In an application filed before Justice Chacha Mwita of Constitutional and Human Rights Division of the High Court Wednesday morning, Mwilu sued Director of Public Prosecutions (DPP) Noordin Haji, Director of Criminal Investigations (DCI) George Kinoti, Attorney General Paul Kihara, and Anti-Corruption Court Magistrate Lawrence Mugambi over malice and attempting to embarrass her.

In the application filed by her lawyer and former Law Society of Kenya President Okong’o Omugeni, Mwilu said corruption-related charges levelled against her were unlawful and part of a scheme to humiliate her.

Mwilu who was Wednesday morning appearing before Magistrate Mugambi in honour of bond terms set when she was arraigned before him Tuesday evening, said proceedings instituted against her had no correlation with the pursuit of criminal justice.

Her lead lawyer James Orengo raised objections to Mwilu taking plea saying the charges were meant for other objectives.

“This prosecution has been brought for an extraneous purpose the objective of which is not to achieve the aims of a criminal justice system but secure the removal of the Deputy Chief Justice,” lawyer James Orengo told the Anti-Corruption Magistrate Court on Wednesday as he objected Mwilu’s scheduled plea-taking in light of the application filed at Constitution and Human Rights Division of the High Court.

Mwilu is facing five corruption-related charges including improperly obtaining the execution of a Sh12 million security belonging to the Imperial Bank between August and October 2013.

Magistrate Mugambi freed her on a personal bond of Sh5 million.

The outcome of the application at the Constitutional and Human Rights Division of the High Court will determine whether Mwilu’s scheduled plea-taking at the Magistrate’s Court will proceed.

Speaking to the press ahead of Mwilu’s arraignment on Tuesday, Director of Public Prosecutions (DPP) Noordin Haji had listed acceptance of money in circumstances that undermine public confidence in the office she holds as among charges she would face.

Mwilu also faces abuse of office, unlawful failure to pay taxes, and conducting herself in disregard of the law.

Haji said the charges stemmed from an investigation that was carried out by the DCI.

DCI officers led by chief detective George Kinoti arrested Mwilu at the Supreme Court buildings Tuesday afternoon before taking her to DCI Headquarters from where she was processed and subsequently taken to Milimani Law Courts to take plea.

Among lawyers representing Mwilu are Senator James Orengo, John Khaminwa, and Julie Soweto.

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