NAIROBI, Kenya, Oct 9 – A petition in which Deputy Chief Justice Philomena Mwilu has sued the State as she seeks to stop criminal proceedings instituted against her will be heard on Tuesday at the High Court.
In her application, 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 Okong’o Omugeni, Mwilu said corruption charges levelled against her were unlawful and part of a scheme to humiliate her.
Mwilu who appeared before Magistrate Mugambi in August contended that the 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.
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.
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 Kinoti arrested Mwilu at the Supreme Court buildings before taking her to DCI Headquarters from where she was processed and subsequently taken to Milimani Law Courts to take plea.