Nairobi — Embattled Deputy Chief Justice Philomena Mwilu will know on May 31 whether she will be tried over corruption allegations.

A five-judge bench presiding over Mwilu's petition challenging her prosecution has two months to determine if Director of Public Prosecutions Noordin Haji has any legal basis to indict her.

The court set the date on Thursday after parties in the case made their final submissions.

In his submissions before the court, DPP Haji through Queen's Counsel Khawar Qureshi implored the court to dismiss the petition and direct she faces trial.

"I have evidence to sustain criminal charges against DCJ Mwilu," the DPP argued.

He invited the court to find that Mwilu is seeking to turn the Constitutional Court into a criminal one.

Qureshi defended the move by Haji to prosecute the DCJ, insisting it was purely based on evidence available and not politically instigated as alleged by the judge.

On her part, the DCJ has urged the court to quash the impending criminal charges levelled against her arguing that the DPP has no legal basis to prosecute her.

Mwilu has accused the chief prosecutor of malice and ill will for indicting her even though there is no complainant in what she is blamed for.