Deputy Chief Justice Philomena Mwilu on Wednesday moved to the High Court in a bid to stop the Office of the Director of Prosecutions (ODPP) from prosecuting her.
DCJ Mwilu who had been asked to appear in court to face corruption charges sought to have the court bar her from taking a plea in the Ksh12 Million fraud accusations levelled against her.
Mwilu sued DPP Noordin Haji, along with DCI boss George Kinoti, Attorney General Paul Kihara and Anti-Corruption Court Chief Magistrate Lawrence Mugambi over what she termed as malicious prosecution intending to embarrass her.
The application filed by one of her lawyers, Okong'o Omogeni, indicated that her arrest was part of a scheme to humiliate her.
Senior Counsel James Orengo, appearing before Justice Chacha Mwita, argued that the respondents had exhibited an unusual level of efficiency in how the DCJ was arrested and arraigned in court.
In addition to the Ksh12 Million fraud charge, Mwilu was also accused on abuse of office, tax evasion and fraudulently executing a security belonging to the collapsed Imperial Bank.
Explaining why he had taken the stern action to arrest the DCJ, DPP Noordin Haji assured members of the public that extensive investigations had been conducted.
"This afternoon, I informed Chief Justice David Maraga of my decision to grant consent for the arrest and prosecution of the deputy chief justice, Lady Justice, Philomena Mbete Mwilu, on criminal charges.
"This decision has not been taken lightly...the dignity and independence of the judiciary is dear to us," Haji stated.
He added that the Directorate of Criminal Investigations (DCI) detectives had gathered sufficient evidence to support the criminal charges against Mwilu.
