Chief Magistrate faults High Court order, declines to halt DCJ Mwilu’s prosecution

In a day of high legal drama, Chief Magistrate Lawrence Mugambi has declined to halt Deputy Chief Justice Philomena Mwilu's prosecution hours after High Court Judge Chacha Mwita stayed it. ALSO READ: Developing story: Orengo on why DCJ Mwilu should not take plea Magistrate Mugambi has ruled that the orders by High Court temporarily blocking the DCJ’s case do not apply to the case before him. “I don’t want to amend the orders of the court, that will be trespassing on dangerous areas. I am only guided by an order that is clear and specific. So this order, in my view, does not apply to this case,” ruled Magistrate Mugambi. It later transpired that the case number on the stay order was different from the case number of the matter before the magistrate. The High Court had suspended DCJ Philomena Mwilu’s case until constitutional issues surrounding it were resolved. Judge Chacha Mwita ruled that there were constitutional questions to be addressed in the petition, especially on grounds that it was a commercial matter and whether it can lead to the arrest of a judge. He ruled the matter will remain pending until October 9, 2018. Stay informed while on the go by subscribing to the Standard Group SMS service. Text the word 'NEWS' to 22840. Justice Mwilu had on Wednesday morning filed a petition at the High Court challenging her prosecution. She also said that the Director of Public Prosecutions (DPP) had no powers to arrest her. The top judge is facing several charges of forgery, abuse of office and unlawful failure to pay taxes. She was Wednesday morning arraigned before the Anti-Corruption Court to take a plea. Magistrate Lawrence Mugambi referred orders suspending prosecution of DCJ Philomena Mwilu back to High Court Judge Chacha Mwita for a correction of the case number. ALSO READ: Mwilu: DPP has no powers to arrest me He maintained Sh5 million personal bond for the DCJ
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