Chief Justice David Maraga has named five High Court judges who will determine the fate of Deputy Chief Justice Philomena Mwilu in her corruption and abuse of office case.
The five-judge bench includes Justices Mumbi Ngugi, Hellen Omondi, Francis Tuiyott, William Musyoka and Chacha Mwita.
Justice Mwita sits in Milimani Court as a Constitutional Division Court judge and had previously issued temporary orders that Mwilu should not be charged until her case is heard and determined.
Justice Tuiyott is a commercial court judge while Justice Musyoka is posted in Kakamega.
Justice Omondi sits in Eldoret while Justice Mumbi sits at the Kericho High Court.
They will also decide whether sitting judges should be charged for criminal acts committed outside their duties or whether judges are immune from prosecution while serving.
“Kindly take notice that this five judge bench petition is coming for a mention before the full bench on November 5.”
“Take note that you will be required to supply the court with four sets of pleadings, documents filed in court on the material day to facilitate construction of the files,” a directive by Milimani Law Court Deputy Registrar L Mumassabba read.
In August, Mwilu was arraigned in court facing charges of abuse of office, accepting money in the form of a gift, failure to pay taxes, and obtaining by false pretext security belonging to Imperial Bank.
In October, DPP Noordin Haji through his deputy Dorcas Oduor requested for a 3-judge bench to determine Mwilu’s case.
She stated that the matter raises substantial constitutional issues of law that warrant determination by a three-judge bench.