After the court’s decision to quash any graft proceedings against Deputy Chief Justice Philomena Mwilu on account that the DCI unlawfully and illegally obtained evidence by accessing her bank accounts, The Director of Public Prosecutions (DPP) Noordin Haji has said the prosecution will appeal the decision. Speaking to the press, Haji said the prosecution regrets the decision issued by the five-judge bench.
He said they expected this turn of events, “We expected this, we were prepared, we had our documents for appeal we were ready but the registry was closed,” he said. Haji pointed out that no party was allowed to advance any arguments on this or make submissions, “If the court had called on the parties we could have evidence before them that we had all the warranties in relation to the investigation of the suspect’s accounts, the affidavit of the investigation officers, the court order issued to the DCI to investigate the accounts and the service of those orders to the respective banks including IBL (Imperial Bank Limited)” he said, adding that the orders were obtained from the Milimani Law Courts. He said the appeal will be filed next week, and also a complaint to JSC, as was earlier suggested by the judges.
