2: 18 pm: Magistrate Mugambi adjourns the proceedings to Friday, August 31, 2018, 11 am. He has also directed DCJ Mwilu's lawyers to go to the High Court and correct the errors on the order paper that suspended the prosecution of the DCJ.
2:03 pm: Chief Magistrate Lawrence Mugambi declines to accept High Court order stopping DCJ Mwilu's prosecution, says the order by Justice Chacha Mwita is for a different case, not what he is proceeding over, citing the case number.
Court adjourned
12:38 pm: Chief Magistrate Lawrence Mugambi adjourns the court session.
High Court suspends prosecution of Mwilu
12:21 pm: The High Court has suspended the prosecution of DCJ Philomena Mwilu after a petition by her lawyers.
Kalonzo speaks in court
11:53 am: Former vice-president Kalonzo Musyoka is making a statement on behalf of the DCJ, who is accused of abusing the office.
"I wish to concur with the very able submissions made by the senior council James Orengo because it goes to the core issue of integrity within the judiciary including its independence," Kalonzo says.
"I want to stress the provision of article 50 –sub-article 2 of the constitution elaborated by the senior council; it says that the right to fair trial of any citizen is basic." - Kalonzo.
[Photo source/@@elijah1334]
Orengo concludes his statement
11:51 am: Orengo - "We have sued the DPP for not acting according to the law on this matter. I plead with you your honour, that we defer the plea. Whatever the directions the court will give, we will be able to comply."
11:35 am: Orengo - "Why is it that everyone was aware that the DCJ was being investigated even before the DPP made it public? These charges are malicious."
11:16 am: Orengo - "My Lord, all we are saying is that the accused should not take a plea before the fundamental questions are answered."
11:00 am: Orengo - "The 1st accused person (DCJ Mwilu) has not been provided with concrete evidence as required. Therefore she cannot take a plea."
"Matters that fall under the responsibility of EACC have been brought forward by the police. The DPP, particularly in this matter, shows to use of DCI as opposed to the legal regime that relates to offences committed under the Anti-Corruption Act."
11:00 am: Orengo - "On the face of looking at the charges, this is not a criminal prosecution and when the evidence will be put before the appropriate forum it will emerge that a purely commercial transaction has been criminalised and took place nearly 5 years ago."
10:57 am: "We are going to demonstrate that there is no actual foundation for instituting these charges against the deputy chief justice. We will also demonstrate that this case is an abuse of court processes," Orengo says.
10:55 am: "We have filed a petition in the High Court to stop the plea-taking by DCJ Mwilu. We cannot proceed with this matter because of the application. When you look at the charge sheet, these are not criminal charges," Orengo tells the court.
10:40 am: Senator James Orengo leads a battery of lawyers appearing for the embattled DCJ Mwilu.
10:35 am: DCJ Mwilu sues DPP, DCI and the AG for hatching a plot to force her out of office with trumped-up charges which she wants to be stopped.
10: 26 am: Chief Justice David Maraga currently swearing in members of the National Gender and Equality Commission. Dr Joice Mutinda appointed the chair.
10:10 am: Justice Chacha Mwita is expected to rule on an application by DCJ Mwilu's lawyers that seeks to stop her prosecution. Lawyers Nelson Havi, John Khaminwa and Okong'o Omogeni have made the application.
10:00 am: Court session begins.
9:50 am: Mwilu's lawyers have filed a petition before the High Court challenging her prosecution. DCJ Mwilu is facing the following charges:
i) Obtaining execution of a security belonging to Imperial Bank Limited by false pretence.
ii) Abusing her office for personal gain.
iii) Accepting a gift in the form of money in circumstances which undermined public confidence in the integrity of her office.
iv) Unlawful failure to pay taxes.
v) Conducting herself in disregard of the law.
9:41 am: Here is what David Ndii, Miguna Miguna, Boniface Mwangi and Prof Makau Mutua are saying about the arrest of Lady Justice Mwilu.
9:33 am: Mwilu in court with senior counsel James Orengo.
[Photo/Stephen Letoo]
9:30 am: Is the arrest of the DCJ politically motivated or a genuine fight against corruption? Have your say here.
9: 17 am: NASA co-principal Kalonzo Musyoka is within the precincts of the Milimani courts, expected to attend the court session.
9:08 am: DCJ Mwilu has arrived at the Milimani law courts ahead of her plea-taking.
Also present in court are senior counsels James Orengo, Okong'o Omogeni and other top lawyers representing the lady justice.
MWILU TO TAKE PLEA
Deputy Chief Justice Philomena Mwilu is expected in court at 9 am on Wednesday to answer charges of corruption and abuse of office.
The lady justice was on Tuesday arrested at the Supreme Court.
She was presented in court but was released on Sh5 million bond after Chief Magistrate Lawrence Mugambi ruled that the court had gone beyond the gazetted hours.
The magistrate deferred DCJ Mwilu's plea-taking to Wednesday morning.
Justice Mwilu was represented in court by lawyers Okong'o Omogeni, James Orengo, Peter Kaluma, Anthony Oluoch, Mutula Kilonzo Jnr, John Khaminwa, Millie Odhiambo and Dan Maanzo.
DCJ Mwilu in court on August 28, 2018. [Photo/Citizen Tv]
The Director of Public Prosecutions Noordin Haji said he had informed Chief Justice David Maraga of his decision to grant consent for the arrest and prosecution of the deputy chief justice, on criminal charges.
Mwilu is accused of failing to pay taxes and executing a security belonging to the Imperial Bank, which collapsed in 2015, under false pretences.
Haji, in a statement, said the DCJ had abused her office for personal gain and accepted money as a gift in dubious circumstances.
“The evidence in our possession reveals that Lady Justice Mwilu abused her office for personal gain; accepted a gift in the form of money in circumstances which undermine public confidence in the integrity of her office, obtaining execution of a security belonging to Imperial Bank Limited, now in receivership, by false pretense, unlawful failure to pay taxes, conducted herself in disregard of the law,” said Haji.
DPP Haji addressing the media after the arrest of DCJ Mwilu on Tuesday afternoon. [Photo/Citizen Tv]