Mutahi Ngunyi Explains Why DCJ Philomena Mwilu Should Face Military Court

  • Political analyst Mutahi Ngunyi has opined that Deputy Chief Justice (DCJ) Philomena Mwilu should now face the military court.

    Through his Twitter handle, Mutahi argued that President Uhuru Kenyatta should evoke the 'Doctrine of Civil Necessity' to stop the judiciary's alleged failure to support the war against corruption.

    "Corruption is the State of War and the Judiciary continues their Civilian Coup. They should be stopped," Mutahi quipped.

    In this view, he indicated that President Uhuru should have the Deputy Chief Justice face court-martial which he felt would more independently handle the matter.

    Doctrine of Civil Necessity is the basis on which extra-legal actions are taken by state actors, and which go outside the purview of the constitution but are necessary to preserve political stability.

    His sentiments came shortly after High Court Judge Chacha Mwita suspended the criminal case against DCJ Mwilu.

    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.

    Mwilu's relief, however, was short-lived as Chief Magistrate Lawrence Mugambi rejected the order as 'unspecific' asking the defence team to go back to the High Court and seek to have the intended stay orders correctly directed and specified to halt the matter in court.

    Earlier on, Mutahi had indicated that Chief Justice David Maraga should be wary of the war against graft as he might equally not be spared.

    "If former Deputy CJ (Nancy Baraza) lost her job for slapping a watchman (woman), will Mwilu Survive?

    "Maraga should watch his back as well," Mutahi cautioned.

    criminal corruption