DCJ MWILU now at the mercy of MARAGA in her corruption case as High Court refers the case-Will he set another precedent?


Wednesday October 17, 2018-The corruption case facing Deputy Chief Justice, Philomena Mwilu, has taken another turn after High Court declined to hear it and instead referring it to Chief Justice David Maraga.
In his ruling, High Court Judge, Enoch Chacha Mwita, has ruled that because it is the first time a senior judge was arrested in the precincts of the court for possible prosecution since the promulgation of the new constitution, the matters raised in the case need to be determined by a bench constituted by the Chief Justice.
"I hereby certify this application as one raising a substantial matter of law, hence refer it to CJ for consideration of empanelling a bench to hear and determine it," said Justice Mwita.
The Director of Public Prosecution, Noordin Haji, had asked the court to have the matter referred to the CJ, arguing that the court needs to determine on whether prosecution of a sitting superior court judge amounts to an attack on the Judiciary’s independence.
Mwilu moved to court to challenge her criminal prosecution following her arrest over corruption.
The Kenyan DAILY POST


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