Deputy Chief Justice Philomena Mwilu will on October 17 know if her Sh12 million graft case will be heard by a three-judge bench of the Anti-Corruption Court.
Justice Chacha Mwita deferred the ruling on the DPP’s application to the said date and further extended conservatory orders barring any criminal proceedings against the DCJ.
“In my view, extending the orders is for the public good and to meet the ends of justice,” Justice Mwita said.
The conservatory orders preventing any criminal proceedings against Mwilu expired on Tuesday.
The DPP, through Secretary of Public Prosecution Dorcas Oduor, opposed the extension saying the orders issued on August 29 were ex-parte and did not give further directions on what would follow.
Justice Mwita, however, said failure to extend the orders will cause the question of substantial importance of the law that the matter raises to become even more moot.
This, he said, poses the danger of the DPP “pulling a fast one” by proceeding to prosecute Mwilu even before a decision on constituting a three-judge bench is determined.
In its submissions, Mwilu’s legal team led by James Orengo and John Khaminwa said the DPP is seeking to abuse his prosecutorial powers by criminalising civil and commercial matters.
