ODM Releases Statement on DCJ Philomena Mwilu's Arrest

Hours after the arrest of DCJ Philomena Mwilu over corruption allegations, the Orange Democratic Movement (ODM) expressed concern in how DPP Noordin Haji handled the matter.

In a statement seen by Kenyans.co.ke, ODM Secretary General Edwin Sifuna warned the DPP not to be manipulated to settle political scores noting that his justification as to why Mwilu had to be taken into custody resulted in more questions than answers.

"The Party wishes to remind him (DPP Haji) not to open his office to manipulation especially by state and non-state actors. This is especially so when the charges he brings appear openly frivolous, lacking in substance, and reeking of a political witch-hunt.

"The long winding statement he gave justifying his action against the DCJ did not inspire much confidence. He must now speedily conclude this prosecution remembering always that Kenyans shall not forgive him should this turn out to be a politically instigated witch hunt," the statement read in part.

Sifuna added that in the matter of the Justice Mwilu, it was difficult not to be concerned about whether the DPP applied his mind to the requirements of Article 157(11) especially in light of Kenya's recent History.

"It is to be remembered that at the height of the fight for electoral justice the Judiciary came under sharp criticism with the Jubilee side promising to "revisit" what they called "problems" within the Judiciary following the annulment of the Presidential vote by the Supreme Court.

"We want to give the DPP the benefit of doubt but the signs are troubling. The office of DCJ is a high-level constitutional office and like other Judicial offices has an elaborate mechanism for enforcing discipline. Indeed cases of alleged criminal conduct involving judicial officers have in the past been processed through the JSC in the first instance," he conveyed. 

He explained that cases involving conduct of members of the Judiciary should be handled with the JSC to save the image of the institution by first cutting links with the accused person before taking them through the criminal trial process.

"One wonders why was this was not an option in the present case," Sifuna posed.

The ODM Secretary-General added that the fight against corruption would only succeed if anchored totally on the rule of law, adherence to the letter and spirit of the Constitution, and grounded on basic human dignity.

He reiterated the party's support for the government's efforts to fight all forms of corruption.

"We have taken note of the spirited will with which the new Director of Public Prosecutions Noordin Haji has taken to his job. We commend him for his energy and dedication, we support him in whichever way he may need our help," he proclaimed.

 

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