The High Court on Wednesday sent the Deputy Chief Justice (DCJ) Philomena Mbete Mwilu's case to Chief Justice (CJ) David Maraga.
Making the determination, Judge Chacha Mwita forwarded the file to CJ Maraga who is expected to guide the formation of a 3-judge bench.
The bench will determine DCJ Mwilu's application seeking to block criminal prosecution against her.
In a court application, Director of Public Prosecutions (DPP) Noordin Haji had raised concern on the case proceeding at the High Court.
Speaking after the court ruling, the Deputy DPP Dorcas Odour termed the new directive as a win owing to the weight of the matter.
DPP had noted that such a matter has not been heard by any High Court before and also, the consideration that the DCJ is the second highest ranking judge in the country.
The DCJ has in the past raised objection indicating that the cases she is facing have any no criminal value.
Through her lawyers, Mwilu opined that the case should be referred to her employer, the Judicial Service Commission (JSC).
Mwilu is facing arguably the greatest hurdle in her legal career following her arrest and arraignment in court over a Ksh12 million personal loan from Imperial Bank among other charges.
According to investigators, the country’s second-highest judge acted in contravention of the Leadership and Integrity Act by accepting the loan.
This borders some of the reasons stipulated in Chapter 10 of the Constitution on Judiciary which highlights, among other things, gross misconduct or misbehaviour and a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament, as sufficient grounds for a Judge's removal.
However, according to the Constitution, the process of removing her from office is rigorous.
