Nairobi,KENYA: Deputy chief justice Philomena Mwilu has been dealt a blow after chief magistrate Lawrence Mugambi rejected a High court order seeking to stop her prosecution.
Magistrate Mugambi said that the High Court failed to clarify the orders that should suspend her (Mwilu) case until October 9, 2018.
He added that the order by Chacha is for a different case and not what he is ruling over citing a mix up of the case number.
He later adjourned the session till Friday at 11 am.
This is after High court judge Chacha Mwita stopped criminal proceedings against Mwilu, pending determination of constitutional matters in the petition and ordered the case to be heard on October 9.
Mwilu lawyers were directed to serve both the petition and application to the Director of Public Prosecution DPP, Directorate of criminal investigations DCI and the Attorney General.
Judge Mwita earlier stated that the petition raised constitutional issues that need to be addressed adding that the charges Mwilu faced arose out of a commercial dispute and the court needs to determine whether a commercial dispute can amount to a criminal charge.
DCJ lawyers led my James Orengo accused DPP Noordin Haji and DCI George Kinoti of using a criminal process to maliciously remove her from office.
Orengo further said that the defense team will prove to the court how the Trial of Mwilu is collateral at the attack on the judiciary and does not serve its purpose.
Mwilu was arrested on Tuesday over five criminal charges that include abuse of office, failure to remit taxes, taking of bribes inform of gifts, obtaining execution of a security belonging to Imperial Bank Limited now in receivership by false pretense and unlawful failure to pay taxes a