Deputy CJ Philomena Mwilu returns to court in Nairobi

Deputy Chief Justice Philomena Mwilu will this morning appear before an anti-corruption court in Nairobi for the mention of her case.

Judge Mwilu, who is yet to be charged, obtained orders stopping the criminal trial over alleged corruption.

However, confusion arose when she presented the order to Chief Magistrate Lawrence Mugambi and Deputy Director of Public Prosecutions Dorcas Oduor pointed out that the order referred to a different case file.

The order obtained before the High Court was file number 292 of 2018 while the case before the Magistrate was case number 38 of 2018.

According to the magistrate, the order should be specific and he cannot stop the case using the wrong file.

While blocking her prosecution, Judge Mwilu accused Director of Public Prosecutions Noordin Haji and Director of Criminal Investigations George Kinoti of using  criminal process to maliciously remove her from office.

Her lawyer James Orengo told the Anti-Corruption Court that the offences preferred against the second highest judge in Kenya purely relates to a commercial dispute.

 He said they will prove to court how the trial of Judge Mwilu is a collateral attack on Judiciary.

The deputy chief justice was to be charged together with her lawyer Stanley Kiima with a total of 13 counts—  including abuse of office, failing to pay taxes and forgery over a loan she secured from Imperial Bank Limited, which was placed in receivership.

Mr Mugambi directed Mwilu's lawyers to go back to Justice Chacha Mwita, who issued the order and correct the order.

The petition at the High Court will be heard on October 9.