The chief magistrate of Kenya’s anti-corruption court, Lawrence Mugambi, has rejected an order by the High Court to stop the prosecution of Deputy Chief Justice Philomena Mwilu.
He said the order contained a clerical error, so he has postponed the case until Friday to allow time for the High Court to clarify its position.
Justice Mwilu was arrested on Tuesday and is facing charges for abuse of office for personal gain and tax evasion and is also being accused of misconduct for accepting a personal bank loan of $120,000 (£93,000).
Her lawyers secured the court order stopping the case, arguing that the bank loan was “purely commercial transactions” and the allegations were meant to embarrass the top judge.
The arrest of Justice Mwilu is seen as part of an intensified war against corruption by President Uhuru Kenyatta’s administration.
The state prosecutor said he had sufficient evidence for “a reasonable prospect of conviction” despite suggestions that the case against Justice Mwilu may be politically motivated.
The judge was in the limelight last year after the Supreme Court ordered a re-run of the presidential election.