The High Court has suspended criminal case against Deputy Chief Justice Philomena Mwilu.
High Court Judge Chacha Mwita suspended criminal charges against the Deputy Chief Justice on Wednesday after her lawyers sought to block her prosecution in the Ksh12m graft case.
The DCJ has been directed to serve both the petition and application to the Director of Public Prosecution, Directorate of Criminal Investigations and the Attorney General.
Judge Mwita stated that the petition raised constitutional issues that need to be addressed adding that the charges Mwilu faced arose out of a commercial dispute.
He maintained that the court needs to determine whether a commercial dispute can amount to a criminal charge.
The High Court Judge further directed that the matter is heard on October 9.
Mwilu's lawyers on Wednesday accused DPP Noordin Haji and DCI George Kinoti of using a criminal process to maliciously remove her from office.
Led by James Orengo, Mwilu's legal team told the Anti-Corruption Court that the offences preferred against the DCJ purely relate to a commercial dispute of which a criminal court has no jurisdiction.
Speaking before chief magistrate Lawrence Mugambi the lawyers stated that the case should not have been dragged before him, but handled as a commercial dispute, at the High Court.
The battery of lawyers also cast doubt over the entire process of arresting Mwilu and hurriedly arraigning her late past the gazetted hours, adding that the police were exceptionally efficient unlike in other cases.
Orengo further stated that the defence team will prove to the court how the "trial of Mwilu is a collateral at the attack on Judiciary and weaponisation of criminal justice."
He gave grounds on which he will rely to support his application including trial is an abuse of court process and that the dispute is of a contractual transaction.
