Deputy Chief Justice Philomena Mwilu was on Tuesday evening arraigned in court on abuse of office and tax evasion charges.
She was charged alongside Stanley Muluvi Kiima, an advocate.
Mwilu and Munuvi face a total of 13 charges to monies allegedly received from collapsed Imperial Bank.
They were arraigned before Chief Magistrate Lawrence Mugambi at the Milimani Law Courts a few minutes past 5pm.
The issue of time was brought to the attention of the magistrate who ruled that it was past working hours and the care should proceed on Wednesday morning.
Judge Mwilu was represented by lawyers John Khaminwa, James Orengo, Okongo Omogeni, Daniel Maanzo, Julie Soweto, Millie Odhiambo, Peter Kaluma, Anthony Oluoch and Mutula Kilonzo Jnr.
Mr Orengo told the court that unless there are compelling reasons, she should be released until the next session of the court.
Mr Orengo such objections should be raised at the earliest opportunity and that the DCJ was confronted with the charges late in the afternoon and they have not interrogated it.
These charges cannot stand, according to Mr Orengo.
“Let her be released on her own cognisance. The banks and Registry are already closed,” Mr Orengo submitted.
He added that she has fully co-operated with investigators.
The magistrate released them on a personal bond of Sh5 million each and ordered them to appear before the court on Wednesday at 9am.