Orengo Wins again as High Court Drops Charges Against DCJ Mwilu

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James Orengo has just re-affirmed his credentials as a senior counsel after beating the Queen’s Counsel Khawar Qureshi in a battle of titans. The two heavyweights faced off in a case against DCJ Philomena Mwilu.

Last year, DPP Noordin Haji opened a case against Mwilu. She was charged with misuse of office, bribery and failure to pay taxes in relation to the collapsed Imperial Bank.

Huge reprieve for DCJ Mwilu as court rules in her favour

The DPP controversially hired the Queen’s counsel as the lead lawyer on the case, prompting an uproar from the law society, who wondered why he did not seek a local lawyer. But this paved way for a titanic battle between the two legal heavyweights.

But we can now conclude that Orengo has emerged tops in the battle, after ensuring that his client is not charged over the corruption allegations.

On Friday, a 5 Judge bench ruled that the DCI erred in the way he collected evidence against Mwilu.

Justices Hellen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita and Francis Tuiyot said that the DCI violated Mwilu’s rights to privacy.

“DCI’s way of obtaining the evidence has irredeemably rocked the foundation in which the charges stand,” they held.

The courts however did not find fault in the office of the Director of Public Prosecution’s (DPP) decision to prosecute the DCJ Mwilu but said that the evidence that they relied upon was illegally obtained.

The court, however, dismissed claims by the defence team claiming that the charges levelled against the DCJ Mwilu were defective as they lacked a complainant. The Judges held that the Republic could also be a complainant and therefore the prosecution’s intention to prosecution was legal and factual.

Mwilu opposed to her prosecution claiming ill motive and holding that any complaints against her should be pursued through the Judicial Service Commission.

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