NAIROBI, Kenya, Jun 3 – The Director of Public Prosecutions Noordin Haji has filed notice of appeal against the decision of a five-judge bench that quashed his decision to charge Deputy Chief Justice Philomena Mwilu with corruption.
The judgment was read on Friday last week, but the DPP appears dissatisfied with the decision and wants to try his luck at the Court of Appeal.
The bench comprising Justices Hellen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita and Francis Tuiyot ruled that DPP Haji lacked the legal basis to indict DCJ Mwilu as the evidence was illegally obtained.
The court said that the Directorate of Criminal Investigations (DCI) violated her rights to privacy when they gained access to her Imperial Bank Ltd (IBL) accounts without following due process.
Haji had asked court to determine whether criminal proceedings can be initiated against a sitting judge.
DCJ Mwilu was arrested on August 28, 2018 at the Supreme Court grounds.
She was then taken to the DCI Headquarters for questioning over alleged graft, escorted by Director of Criminal Investigations George Kinoti.
She then filed a case before High Court Judge Chacha Mwita who immediately gave her orders stopping the criminal trial marking the start of a new battle.