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
