The Director of Public Prosecutions Noordin Haji is challenging a court order stopping investigations of the Deputy Chief Justice Philomena Mwilu. The barring orders were issued by Justice Weldon Korir on August 17, after a successful application by the DCJ. The order stops Judicial Service Commission from investigating Mwilu, who is a member of the JSC.
Haji charged Mwilu with bribery allegations, fraud and abuse of office but she has denied all the charges. In an application filed under a certificate of urgency, DPP has accused Justice Mwilu of employing tactics to delay the criminal case she is facing. Mwilu does not trust JSC hearing because she argues that two of the commissioners - Attorney General Kihara Kariuki and Macharia Njeru - are biased against her.
The JSC dismissed the bias claims but she later moved to the High Court where she got the order to stop investigations.
But the state says that Mwilu had agreed to have the matter handled by the JSC therefore should not she be allowed to abandon the process before the commission or move to a different court and obtain an ex parte order without enjoining the DPP as a party.
“The petitioner/respondent [Mwilu] therefore has been indolent and cannot therefore be assisted by this court for equity does not assist the indolent but those that are vigilant in their quest for justice.” read part of DPP's documents.
The state is also claims that Mwilu has refused to disclose material particulars to the court, which can help in arriving at a different decision.
Haji says Mwilu did not disclose the fact that JSC was supposed to hear her preliminary objection case on August 31.
But a five judge bench maintained that DPP must first file a case before the JSC before filing a criminal case.