Nasa big names take lead in defence of Deputy CJ Philomena Mwilu

What you need to know:

  • Even Nasa co-principal and Wiper party leader Kalonzo Musyoka, who has not practised law in decades, joined lawyers fighting for DCJ Mwilu.
  • In court, Senator Orengo, questioned the swiftness of the arrest and prosecution of Justice Mwilu.

  • On Tuesday, ODM warned the Director of Public Prosecutions that Kenyans will not forgive him “if this turns out to be a politically instigated witch hunt".

Chief Magistrate Lawrence Mugambi's Milimani courtroom looked like a reunion of Nasa's powerful legal team that argued the presidential petition last August.

Leading a pack of 32 lawyers was Senator James Orengo who famously won against President Uhuru Kenyatta when the incumbent's victory on August 8 last year was declared "invalid, null and void"in a landmark Supreme Court ruling.

Even Nasa co-principal and Wiper party leader Kalonzo Musyoka, who has not practised law in decades, joined the ranks of lawyers fighting for Deputy Chief Justice Philomena Mwilu who is facing charges of fraud, abuse of office, forgery and failure to pay stamp duty, among others.

CORRUPTION

Mr Musyoka spoke for three and a half minutes, and right from the start, went legal, but mainly, political.

“While all of us accept that the fight against corruption is important, and in fact timely, we cannot take that as a panacea to literally run roughshod over important State officers. The issues before you, Your Honour, go to the core of the integrity within the Judiciary, including its independence,” Mr Musyoka told Mr Mugambi.

The galaxy of lawyers included Senators Okong’o Omogeni (Nyamira, ODM), Mutula Kilonzo Jr (Makueni, Wiper), and MPs Dan Maanzo (Makueni, Wiper), Anthony Oluoch (Mathare, ODM), Peter Kaluma (Homa Bay Town, ODM) and Millie Odhiambo (Suba North, ODM).

POLITICAL

In contrast, the arrest of former Nairobi Governor Evans Kidero, at one time a rising star in politics and significant backer of Nasa leader Raila Odinga, did not elicit any party reaction. He went to the Ethics and Anti-Corruption Commission virtually alone on August 8, spent two nights in police custody with barely political murmur.

Even when Nasa's reputed uber-financier and strategist Jimmy Wanjigi -- in whose couch Mr Odinga slept to keep police from hammering through the doors to arrest the tenderpreneur -- there was not much protest.

Outside the courtroom, the Nasa brain trust, led by former Nation columnist David Ndii and writers at the online publication he writes for, hammered the Daily Nation which reported on Monday that a top judge was facing arrest over corruption. They falsely accused the Nation of being edited by the government.

OPPOSITION

Kenya's biggest corruption scandals, including Goldenberg, Anglo Leasing, Tokyo embassy case and many others, have all been exposed and reported on by the Nation.

On Wednesday, such was the interest in Lady Justice Mwilu's case that the hearing was moved from the small courtroom to a more spacious auditorium in which the Judiciary usually holds its functions.

But as big as the number of lawyers were, it was not the only easy-to-pick aspect of the case.

By all measurements, the case had turned into a political fight to save Justice Mwilu—with the most of the lawyers who had appeared before her to argue the opposition case in the 2017 presidential election petition now appearing for her in court, putting on a spirited defence.

WITH HUNT

Mr Musyoka's line of argument yesterday was similar to the one taken by Orange Democratic Movement, which released a statement on Tuesday, warning the Director of Public Prosecutions Noordin Haji that Kenyans will not forgive him “if this turns out to be a politically instigated witch hunt".

“It is to be remembered that at the height of the fight for electoral justice, the Judiciary came under sharp criticism with the Jubilee side promising to "revisit" what they called "problems" within the Judiciary following the annulment of the presidential vote by the Supreme Court,” ODM secretary-general Edwin Sifuna said.

Mr Sifuna was referring to a threat by President Kenyatta in September 2017 after Justice Mwilu joined three other colleagues including Chief Justice David Maraga in ruling to annul his re-election.

TROUBLING

On the charges preferred against Justice Mwilu, Mr Sifuna argued: “We want to give the DPP the benefit of doubt but the signs are troubling.”

In court, Senator Orengo, questioned the swiftness of the arrest and prosecution of Justice Mwilu.

“In a space of five hours on Tuesday, the first accused was arrested, taken to the criminal investigations, and by 5.30pm, we were before this court. That is unusual efficiency,” he said.

He argued: “We are going to demonstrate that these proceedings are not necessarily a prosecution against the DCJ but are an attack on the Judiciary. The criminal justice system has been weaponised.”

When he announced the decision to prosecute Lady Justice Mwilu, DPP Noordin Haji said that his office had acted independently, and “we are not being directed by anyone".