- High Court will determine whether Mwilu should face criminal prosecution or not
- The Deputy Chief Justice had appealed against her public prosecution
- She wants the Judicial Service Commission, which she is a member of, to hear her case
- Mwilu was accused of bribery, tax evasion and abuse of office
- DPP Haji hired a UK-based lawyer, Khawar Qureshi, to argue the high-profile case
Deputy Chief Justice (DCJ), Philomena Mwilu, is set to appear in court on Thursday, December 6, for the hearing of a case in which she is seeking to block her criminal prosecution in relation to graft, tax evasion and abuse of office charges.
A five-judge bench is expected to determine whether or not Mwilu, who doubles as the Deputy President of the Supreme Court and a senior member of the Judicial Service Commission (JSC) should face criminal prosecution.
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READ ALSO: Deputy Chief Justice Philomena Mwilu arrested
Deputy Chief Justice, Philomena Mwilu, is set to appear in court on Thursday, December 6, for determination of a case seeking to block her criminal prosecution.
READ ALSO: ODM pokes holes into arrest of deputy chief justice Philomena Mwilu
The DCJ, TUKO.co.ke understands, would be fighting to stop the Director of Public Prosecutions (DPP), Noordin Haji, from pursuing her as she insists the charges leveled against her are malicious and only meant to publicly embarrass her and malign her reputation.
"The charges leveled against me have been constructed by the office of the DPP to malign me and harbour an ulterior motive. They have been commenced in abuse of court process with the singular objective of embarrassing me," she said through her lawyers.
READ ALSO: Deputy Chief Justice Philomena Mwilu moves to High Court to block her prosecution
The DCJ is pushing for the allegations she is facing to be directed to the Judicial Service Commission, which she is a member of.
Haji, on the other hand, is determined to see the DCJ thrown behind bars for the alleged crime and has hired a renowned British-based lawyer, Khawar Qureshi, to specifically argue the case against Mwilu.
"The evidence in our possession revealed Lady Justice Mwilu abused her office for personal gain. She accepted a gift in the form of money in circumstances which undermined public confidence in the integrity of her office. She also obtained execution of a security belonging to Imperial Bank Limited now in receivership by false pretence," Haji said in August 2018 .
READ ALSO: This man Qureshi: The Queens Counsel who will help Uhuru fight corrupt bigwigs in court
The DPP added Mwilu also failed to pay taxes as required by the law and conducted herself in total disregard of the law and the Constitution.
"In view of the above, I have concluded that the evidence is sufficient with a reasonable prospect of conviction and it is in the public interest that criminal proceedings should be preferred," he said.
READ ALSO: DPP denies claims he is under instructions to revisit the Judiciary
Mwilu was arrested on August 28, 2018, at the premises of the Supreme Court in Nairobi for alleged involvement in corruption dealings involving the collapsed Imperial Bank.
She was subsequently released on a KSh 5 million personal bond and ordered to appear in court on August 29, 2018, to take plea.
In response, the DCJ filed an application through her lawyers in a move aimed at ensuring she does not take plea.
One of her lawyers, Okong'o Omogeni, argued that the allegations leveled against his client were not in anyway criminal charges.
"The transaction herein referred to was purely a commercial dealing concluded at arms length and could not be equated to a matter of pursuit of criminal justice," Omogeni argued.
High Court will now decide how the case proceeds.
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