The Deputy Chief Justice Philomena Mwilu wants a special treatment in her graft case. The probe kicked off on Tuesday with Mwilu through her lawyers tabling fresh demands.
Some of her 18 lawyers who included James Orengo, Nelson Havi, John Khaminwa, Julie Soweto and Prof Ben Sihanya spent the better part of the day convincing the court that allegations levelled against the top judge should have been taken before the JSC first.
The lawyers said there was no evidence to support graft allegations levelled against DCJ Mwilu and that the claims against her are civil matters that should not be treated as criminal because they are over a commercial transaction between her and a private institution.
The High Court had on August 29 temporarily halted criminal proceedings against the Deputy Supreme Court judge who was arrested a day earlier and charged on suspicion of corruption, failure to pay taxes and improper dealings with Imperial Bank—which remains in receivership.
“The Director of Public Prosecution having instigated the charges went on a fishing expedition to find dirt on Ms Mwilu hence ended up criminalising a civil matter,” said Mr Orengo.
The case is before a bench of five judges comprising Justices Hellen Omondi, Mumbi Ngugi, Francis Tuiyot, William Musyoka and Chacha Mwita.
Ms Mwilu moved to the High Court to challenge her criminal prosecution following a recommendation by the DPP to have her charged with the offence of obtaining execution of a security belonging to Imperial Bank Limited by pretence.
She is accused of office abuse, accepting a gift in the form of money in circumstances which undermined public confidence in her office, unlawful failing to pay taxes and conducting herself in disregard of the law.
Ms Mwilu is facing a total of 13 counts on the charges of abuse of office, withdrawing security for a bank loans via false pretence, unlawful failure to pay taxes.