The Director of Public Prosecution (DPP) Noordin Haji has opened up on President Uhuru Kenyatta's reported role in Deputy Chief Justice Philomena Mbete Mwilu's arrest.
Contrary to the allegations by the Lady Justice, the DPP noted that the decision to prosecute her was based on evidence, law and public interest.
Through senior prosecuting counsel Lillian Ogwora, the DPP maintained that the decision was independent and not politically instigated.
The DPP was responding in a case which DCJ Mwilu accused him of settling scores based on the Supreme Court decisions to annul Uhuru's win in the August 8, 2017, presidential election petition.
Asking the court to dismiss Mwilu's petition, Ogwora highlighted that the petitioner had not demonstrated that the DPP acted outside his powers to prosecute.
Ogwara further told the court that the issues raised by Justice Mwilu on the legality or illegality of the charges preferred against her were issues that the trial court can competently resolve.
"To quash the proceedings as prayed by the petitioner would amount to impeding the DPP from performing his constitutional and statutory duties.
"Having reached an independent decision to prosecute, the DPP should not be vilified without any justifiable cause," she stated
Among the matters that saw DPP Haji and the Director of Criminal Investigations (DCI) George Kinoti pursue Mwilu is an unlawfully Ksh12 million loan from Imperial Bank Limited credited to her account on October 23, 2013.
The lead investigator Abdallah Komesha noted that the circumstances which she was loaned the money did not commensurate to the bank-customer relationship.
