The High Court has referred Deputy Chief Justice Philomena Mwilu’s case seeking to stop her prosecution for fraud to the Chief Justice.
The court has asked CJ David Maraga to empanel a bench to hear and determine the matter.
Justice Chacha Mwita said the issues raised in an application by the office of the Director of Public Prosecutions raises substantial questions of law.
The judge also extended orders staying Mwilu’s criminal prosecution saying it will serve greater justice and purpose if the orders are maintained.
“Without the orders there will be nothing for the bench to hear and determine, it will be an exercise in futility,” Mwita said.
On September 7, Director of Public Prosecutions Noordin Haji, in an application under a certificate of urgency, said Mwilu’s petition should be heard by more than one judge.
The DPP said he prefers a five-judge bench to hear the matter arising after detectives flagged Sh320 million in transactions through various bank accounts operated by Mwilu.
The Anti-Corruption Court Chief Magistrate Lawrence Mugambi formally stopped Mwilu’s trial.