Kenya's deputy chief justice accuses President of revenge

Friday August 31 2018

By DAILY NATION
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Kenya's deputy Chief Justice Philomena Mwilu has managed to temporarily stop criminal proceedings against over alleged corruption.

The Anti-Corruption Court in Nairobi on Friday stopped the proceedings against judge Mwilu and her lawyer Stanley Muluvi on orders of the High Court.

Justice Mwilu obtained the order after arguing that her appearance in the dock is part a plan by President Uhuru Kenyatta to avenge her vote for a repeat presidential election.

Justice Mwilu is one of seven members of the Supreme Court, and was among the judges who nullified President Kenyatta initial election win in August 2017, leading to the controversial holding of a fresh vote.

High Court judge Enoch Chacha Mwita suspended the criminal case until October 9 when he will hear the petition.

Justice Mwilu and Mr Muluvi were yet to be charged.

Mr Muluvi on Friday morning obtained an order from Justice Chacha allowing the suspension to apply to him as well.

Mr Mugambi on Wednesday adjourned the case to allow Justice Mwilu's lawyers to correct an error in the High Court order.

The order referred to a criminal case number 292 of 2018 instead of 38 of 2018.

Deputy Director of Public Prosecutions Dorcas Oduor, representing the DPP Noordin Haji, on Friday morning pointed out that the order was still erroneous because it referred to a petitioner before the Chief Magistrate's Court, yet Justice Mwilu is only an accused before Mr Mugambi. 

Despite the hitch, Mr Haji's office allowed the court order to stand, something Mr Mugambi nodded to.

Mr Mugambi, however, ordered Mr Muluvi's lawyers to present the court order he obtained on September 5, 2018. 

The magistrate will mention the case on September 22, which will be two weeks before Justice Mwita hears the petition.