Director of Public Prosecutions Noordin Haji has taken issue with Deputy Chief Justice Philomena Mwilu’s court representation by four senators and several MPs as she fights criminal charges.
Mr Haji, through his deputy Dorcas Oduor, on Friday alleged potential conflict of interest in the battle before the anti-corruption court in Nairobi.
The lawmakers, Mr Haji argued, are members of parliamentary committee proceedings that grill his office over accountability.
Some of the senators on the deputy chief justice’s case are James Orengo (Siaya), Mutula Kilonzo Jnr (Makueni) and Okongo Omogeni (Nyamira).
The MPs are Dan Maanzo (Makueni), Anthony Oluoch (Mathare), Milly Odhiambo (Suba North) and Peter Kaluma (Homa Bay Town).
While Mr Haji claimed a potential conflict of interest, he left it to the court to decide whether to allow them in the case.
Justice Mwilu is represented by 34 lawyers and her co-accused, Mr Stanley Muluvi, is represented by nine.
In response, Chief Magistrate Lawrence Mugambi said it would not be practical for all 44 lawyers to address the court.
The magistrate said only three advocates had so far addressed the court on behalf of Justice Mwilu and only one for Mr Muluvi.
“The only thing that the court will do is to limit the time. The fact that several advocates have come to court does not mean they will all address the court” Mr Mugambi ruled.
The DPP also fought the amended High Court order that Judge Mwilu’s lawyers presented to the magistrate to stop her criminal prosecution over alleged corruption.
Mr Haji, through Ms Oduor, said the order is still wrong because it refers to “a petitioner in the criminal case before Magistrate Lawrence Mugambi” yet Justice Mwilu is only a petitioner in the High Court case.
Ms Oduor, however, allowed the order to stand.
Mr Mugambi adjourned proceedings for 30 minutes to allow Mr Muluvi’s lawyers extract an order stopping his prosecution as well.
By Daily Nation