Deputy Chief Justice Philomena Mwilu is expected to appear before a five-judge bench on Friday.
Justices Hellen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita and Francis Tuiyot will determine if she will be put on trial or not.
The verdict is on whether the allegations drawn against the DCJ are criminal-based and whether she is immune from criminal prosecution under the Kenyan law.
Mwilu, who had earlier obtained court orders stopping her prosecution, filed a petition asking the court to drop the charges levelled against her by the Director of Public Prosecution.
According to her, investigators lacked solid evidence and the DPP has no legal powers to prosecute the holder of the DCJ office.
She also faulted the DPP’s move to prosecute her as ill fated and politically instigated.
The DPP through British prosecutor Council Khawar Qureshi however called upon the judges to drop the petition filed by the DCJ.
He insisted that they have substantial evidence to indict her on criminal charges and not civil charges as she claims.
“The DPP followed the law in preferring charges against DCJ on failure to pay stamp duty and abuse of office,” DPP argued.
If the verdict goes against the DCJ Friday afternoon, she will be the first Supreme court judge to be charged at a lower court.
The DCJ is on the spot over alleged abuse of office, fraud and bribery related charges.
DCJ and DPP might apply for a stay with an intention of moving to the court of appeal to challenge the high court decision.
