, NAIROBI, Kenya, Oct 17 – Deputy Chief Justice Philomena Mwilu’s petition challenging her prosecution has been referred to the Chief Justice who is expected to constitute a bench to hear the matter.
Justice Chacha Mwita referred the petition to CJ David Maraga following an application by the Director of Public Prosecution Noordin Haji who had raised issues he said required determination by an uneven number of judges.
Among issues raised include whether or not criminal proceedings can be instituted against a judge of Mwilu’s stature.
Mwilu has challenged her prosecution terming it an attempt to criminalize and otherwise civil matter.
She successfully moved a Magistrate’s Court to stay her prosecution pending the determination of a petition she lodged at the High Court.
Once constituted, it is expected that the prosecution will move the bench to lift orders by a magistrate court staying Mwilu’s prosecution.