The Director of Public Prosecutions (DPP) Noordin Haji on Friday filed an application requesting DCJ Philomena Mwilu's petition heard by five judges.
The application filed on Friday on his behalf by senior prosecuting counsel Lilian Ogwora he urged Chief Justice David Maraga to constitute a bench of 5 judges.
Haji wants an uneven number of judges to hear the matter citing that the petition by Mwilu raises substantial questions of law and public importance and should, therefore, be heard by more than one judge.
“It is in the interest of justice and public that an uneven number of judges be appointed to hear this petition to settle questions raised,” the application read.
The DPP has formulated 11 questions including whether judges are immune to criminal prosecution over acts committed outside the course of duty.
“The petitioner seeks to stop a matter of grave public importance and interest since it concerns the question of conduct of public servants and state officers,” the DPP indicates in the case.
He further pointed out that determination of the appeal will have ramifications on his office, Directorate of Criminal Investigations and the National Police Service.
The application will be argued before Justice Chacha Mwita who will determine whether the petition qualifies to be heard by a bench.
DCJ Mwilu was swiftly arraigned in court on August 28 facing changes of abuse of office and was released on Sh5 million bond.
Two days later, the Anti-corruption court in Nairobi granted temporary stay orders halting her prosecution until October 9, 2018, when the High Court will be expected to give guidance on how the charges shall be preferred.
