Deputy Chief Justice Philomena Mwilu’s lawyers on Wednesday accused DPP Noordin Haji and DCI George Kinoti of using a criminal process to maliciously remove her from office.
Led by James Orengo, they told the Anti-Corruption Court that the offences preferred against the DCJ purely relate to a commercial dispute of which a criminal court has no jurisdiction.
The lawyers told chief magistrate Lawrence Mugambi that the case ought not to have been dragged before him, but should be handled as a commercial dispute, at the High Court.
Orengo and a battery of other lawyers argued before the magistrate, even as another group appeared before justice Chacha Mwita in a bid to block Mwilu’s prosecution.
The defence wondered why Mwilu had to be arraigned at this time, five years after the alleged offences were committed.
“This charge sheet is improper and the DCJ should not take a plea,” Orengo argued.
They also cast doubt over the entire process of arresting Mwilu and hurriedly arraigning her late past the gazetted hours, adding that the police were exceptionally efficient unlike in other cases.
Orengo further said that the defence team will prove to the court how the “trial of Mwilu is a collateral attack on Judiciary and weaponisation of criminal justice.”
He gave grounds on which he will rely to support his application including trial is an abuse of court process and that the dispute is of a contractual transaction.
The lawyer said they will also argue on the basis of police failure to use the proper forum for corruption offences, and that the prosecution’s action is driven by ulterior reasons.