Chief Justice David Maraga Appoints Five Judges to Decide Deputy Chief Justice Mwilu's Fate

Chief Justice David Maraga has appointed a five-judge bench to hear and determine a case involving Deputy Chief Justice Philomena Mwilu.

The bench will be constituted by Justices Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, William Musyoka and Justice Chacha Mwita.

The five will preside over a case pitting Director of Public Prosecutions (DPP) Noordin Haji and DCJ Mwilu.

The case will be mentioned on Monday November 5th, 2018 and will set precedence on whether sitting judges should be prosecuted for criminal crimes committed outside their duty or whether judges will stay immune from prosecution while in office.

Earlier, Justice Mwita who was handling the case argued that although the case can be heard by one Judge, the issues to be determined would need more than one judge to interpret.

“Although the present case can be heard by a single judge, the issues that are to be determined would have a material bearing on the independence of the Judiciary,” said Justice Mwita.

Mwilu moved to court seeking to stop a case where she is charged with graft-related offences, arguing that her rights were at stake.

On the other hand, the DPP says there is nothing that stops him from prosecuting Justice Mwilu since the High Court last year ruled that he has the powers to initiate criminal cases against judicial officers.