Blow for Philomena Mwilu as she loses case against DPP
The High court has dismissed an application by Deputy Chief Justice Philomena Mwilu legal team seeking to bar Queen’s Counsel Khawar to present the prosecution in her fraud case.
Director of Public Prosecution Noordin Haji hired the England based lawyer to prosecute Ms Mwilu against fraud and tax evasion charges. A move which was opposed by Mwilu defense team through the High Court.
In its rulling the five-judge bench said that professor Khawar was properly appointed to appear in the proceedings against Mwilu’s claims that the lawyer was single handedly picked by the DPP and he had no work permit to practice in Kenya.
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The bench constitutes of Justices William Musyoka, Mumbi Ngugi, Hellen Omondi, Francis Tuiyot and Chacha Mwita
The court also dismissed an application by the DPP seeking to have Senate Minority Leader James Orengo and Nyamira Senator Okong’o Omogeni barred from representing Mwilu.
Mwilu is facing five graft-related charges among them abuse of office, unlawful failure to pay taxes, and conducting herself in disregard of the law.