Deputy Chief Justice Philomena Mwilu returns to court on Tuesday in a renewed battle to stop her prosecution over corruption allegations.
The court is expected to make a determination on Director of Public Prosecution Noordin Haji’s application that seeks to set aside orders suspending criminal proceedings against the DCJ.
Justice Chacha Mwita will also make a determination on the DPP’s application that seeks to have Mwilu’s application challenging her prosecution transferred to the Anti-Corruption and Economic Crimes Division of the High Court.
The matter is currently before the Constitutional and Human Rights Court.
The DPP wants the case moved to ensure consistency and judicial harmony in decision-making on all anti-corruption and economic crimes cases.
He also wants Mwilu’s case to be handled by a five-judge bench on grounds that it raised substantial questions of law and it is of public importance.
