The Director of Public Prosecutions Noordin Haji on Wednesday renewed his battle against Deputy Chief Justice Philomena Mwilu after asking the court to lift orders which stopped him from charging her with alleged graft.
In the new application, the DPP argued that the orders, which were given by High Court judge Chacha Mwita to the DCJ and her lawyer Stanley Kiima, were improper as he was not given a chance to argue against them.
The DPP claimed that the Kiima was issued with similar orders stopping his prosecution without arguing his case on merit.
Senior Director of Public prosecution Lilian Obuo stated: “The applicant herein was denied a chance to ventilate his response on the application for conservatory orders and he will suffer substantial prejudice should be petition be heard before the issue of conservatory orders is addressed inter parties.”
She added: “This court be pleased to discharge, vary and or set aside the interim conservatory orders staying the criminal proceedings against the interested party pending before the Chief Magistrates Court.”
The DPP also wanted permission granted for the case to be transferred from the Constitutional court to the Anti-Corruption one.
In August, Judge Chacha Mwita suspended criminal charges against the DCJ and directed her lawyers to serve both the petition and application to the DPP, DCI, and the Attorney General.
He held that the charges Mwilu faced arose from a commercial dispute and so, the court needed to determine whether a commercial dispute could amount to a criminal charge.
Mwilu had moved to the High Court to block her prosecution in the Ksh12m graft case.
In the application, Mwilu sued the DPP, DCI, the Attorney General, and Chief Magistrate of the Anti-corruption court.
