Kenya's deputy Chief Justice Philomena Mwilu
has managed to temporarily stop criminal proceedings against over
alleged corruption.
The
Anti-Corruption Court in Nairobi on Friday stopped the proceedings
against judge Mwilu and her lawyer Stanley Muluvi on orders of the High
Court.
Justice Mwilu obtained the
order after arguing that her appearance in the dock is part a plan by
President Uhuru Kenyatta to avenge her vote for a repeat presidential
election.
Justice Mwilu is one of
seven members of the Supreme Court, and was among the judges who
nullified President Kenyatta initial election win in August 2017,
leading to the controversial holding of a fresh vote.
High Court judge Enoch Chacha Mwita suspended the criminal case until October 9 when he will hear the petition.
Justice Mwilu and Mr Muluvi were yet to be charged.
Mr Muluvi on Friday morning obtained an order from Justice Chacha allowing the suspension to apply to him as well.
Mr Mugambi on Wednesday adjourned the case to allow Justice Mwilu's lawyers to correct an error in the High Court order.
The order referred to a criminal case number 292 of 2018 instead of 38 of 2018.
Deputy
Director of Public Prosecutions Dorcas Oduor, representing the DPP
Noordin Haji, on Friday morning pointed out that the order was still
erroneous because it referred to a petitioner before the Chief
Magistrate's Court, yet Justice Mwilu is only an accused before Mr
Mugambi.
Despite the hitch, Mr Haji's office allowed the court order to stand, something Mr Mugambi nodded to.
Mr Mugambi, however, ordered Mr Muluvi's lawyers to present the court order he obtained on September 5, 2018.
The magistrate will mention the case on September 22, which will be two weeks before Justice Mwita hears the petition.
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