The Director of Public Prosecution(DPP) Noordin Haji has filed a notice of appeal challenging the high court’s decision to stop the prosecution of Deputy Chief (DCJ) Justice Philomena Mwilu.
Haji had on Friday last week said he would appeal the High Court ruling barring Mwilu’s prosecution.
The DPP insisted that they obtained all the evidence presented to court within the law and accused judges of ruling on a matter that was not before them.
“We obtained the orders from Milimani Law Courts. We did not obtain the evidence from Imperial Bank. We are sending our evidence to JSC as we pursue other grounds on the ruling made today. The court should not have exceeded their powers to demonstrate how the evidence was obtained as it was not in the prayers.” He said.
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The DPP also said he would file a complaint to the Judicial Service Commission as advised by the five-judge bench that stopped Mwilu’s prosecution.
The five-judge bench comprising Justices Hellen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita and Francis Tuiyot quashed the criminal case, saying the DCI violated Mwilu’s right to privacy by accessing her Imperial Bank accounts.
The judges however held that there was factual and legal basis for initiating criminal proceedings against the DCJ.
