Senior Counsel James Orengo on Wednesday told an Anti-Corruption court in Nairobi that he, together with other senior lawyers, were determined to oppose the prosecution of Justice Philomena Mwilu.
Orengo told Milimani Law Courts that senior lawyers had turned up with the zeal to prove that the charges preferred against Mwilu were not in line with criminal justice.
The Siaya Senator indicated that Mwilu's defense team viewed the matter before the court as a plot to remove the deputy justice from office.
"This prosecution has been brought for a malicious purpose. The objective is not to achieve the aims of the criminal justice system but to secure removal of the Deputy Justice," argued Orengo.
He described the move by the Director of Public Prosecution as part of a collateral attack on the Judiciary in Kenya.
Orengo further scorned the manner in which the office of the DPP and the Directorate of Criminal Investigations quickly arrested and grilled Justice Mwilu.
He told the court that the proceeds of Mwilu's arrest and presentation before the court, having been occasioned in a span of five hours, was an unusual show of efficiency from the two entities.
"This is not a criminal process, a purely commercial transaction has been criminalised. It took place more than five years ago and there is no factual foundation to institute charges against the accused," Orengo argued in Court.
Mwilu, through her defence team, also questioned why the DPP had left out the Ethics and Anti-Corruption Commission (EACC) in probing the alleged graft offences.
Orengo submitted that the fact that EACC had been left out in the probe given the corruption charges against Justice Mwilu stands as an outright violation of the law by the prosecution's side.
Orengo termed the choice of the DCI as opposed to EACC as an abuse of court processes holding that the defence team was opposed to Mwilu's plea taking.
Wiper Party leader Kalonzo Musyoka and Makueni Senator Mutula Kilonzo Junior also appeared on behalf of Justice Mwilu.
