Reprieve for Deputy Chief Justice Philomena Mwilu as High Court Stops Criminal Proceedings

Deputy Chief Justice Philomena Mwilu has been granted a temporary reprieve after the High Court issued orders suspending criminal charges against her.

The orders were issued on Wednesday after Mwilu filed an application in the High Court seeking to block her prosecution.

While issuing the orders, High Court Justice  Chacha Mwita said Mwilu's application raised significant questions that need to be addressed.

Subsequently, Judge Mwita set October 9th, 2018 as the hearing date for Mwilu's application to stop criminal proceedings against her.

In her petition, Mwilu, who is the Judiciary Vice President, names Director of Public Prosecutions (DPP) Noordin Haji, Director of Criminal Investigations (DCI) George Kinoti, Attorney-General and Chief Magistrate of the Anti-corruption court as respondents.

Parties in the case have been directed to file their responses and appear for inter-party hearing on the said date.

Mwilu filed the petition on Wednesday morning through lawyers Nelson Havi, Harun Ndubi and Okong’o Omogeni.

Mwilu was arrested at the Supreme Court on Tuesday afternoon and was arraigned in court in the evening where she was charged with abuse of office, forgery, tax evasion among others. She was set to take plea on Wednesday morning.

She is accused of using her office as a Judge of the Appellate Court to improperly confer a benefit of Sh12 million to herself at the collapsed Imperial Bank Headquarters in Westlands between August 15th and October 23rd, 2013. 

The Lady Justice is also facing accusations of unlawful failure to pay taxes to the Kenya Revenue Authority (KRA). The charge sheet shows the instances of failure to pay taxes were separate land purchases worth Sh3.1 million, Sh58,000, Sh2.4 million and Sh3.6 million.

She is also charged with uttering a false document and forgery contrary to different sections of the Penal Code.