DPP, DCI want case filed by Deputy CJ Mwilu dismissed


Deputy CJ Philomena Mwilu in court on Friday, August 31, 2018.
Deputy CJ Philomena Mwilu in court on Friday, August 31, 2018. Photo/DZUYA WALTER

In Summary

  • An affidavit filed by Abdalla Komesha Mwatesefu who is attached to the DCI says Justice Mwilu has failed to demonstrate that the DCI did not act independently or acted in bad faith.
  • Mr. Mwatesefu says that in the course of investigations, it was established that Justice Mwilu’s son, Timothy Mutunga, was working at Imperial Bank Limited Headquarters in Westlands as Quality Assurance Officer having been employed in 2015.
  • He also claims the Deputy Chief Justice received Ksh.12 million from IBL, money which was credited to her bank account at the said bank on October 23, 2013.

The Director of Public Prosecutions together with the Director of Criminal Investigations have asked the court to dismiss a case filed by Deputy Chief Justice Philemona Mwilu.

An affidavit filed by Abdalla Komesha Mwatesefu who is attached to the DCI says Justice Mwilu has failed to demonstrate that the agency did not act independently or acted in bad faith.

Mr. Mwatesefu says that in the course of investigations, it was established that Justice Mwilu’s son, Timothy Mutunga, was working at Imperial Bank Limited headquarters in Westlands as Quality Assurance Officer having been employed in 2015.

He also claims the Deputy Chief Justice received Ksh.12 million from IBL, money which was credited to her bank account at the said bank on October 23, 2013.

Mwatesefu says that the said money was not given to the judge under circumstances which were not commensurate to bank-customer relationship as no appraisal of her credit worth had been done.

“She had not asked for the loan in terms of application and no letter of offer from the bank to specify the terms,” reads the affidavit.

It is alleged that out of the Ksh.12 million, the judge withdrew Ksh.1 million which was spent on small businesses. On October 25, 2013, she reportedly withdrew Ksh.5 million, then Ksh. 4 million on November 6 and another sum of Ksh.2 million on February 27, 2014.

The investigators say that being a state officer, Justice Mwilu accepted a disbursement of Ksh.12 million irregularly without applying for the same, without any letter of offer and with nil interest which can be termed as a benefit to the judge.

“The circumstances under which she received the Ksh.12 million were clearly illegal and the petitioner obtained financial advantage of her office as Court of Appeal judge,” reads court documents.

The judge is however said to have paid a total of Ksh.10 million on November 26 to reduce the loan to Ksh.2 million.

The affidavits point out that Mwilu, in conjunction with her lawyer, never paid stamp duty totaling to Ksh.12,440,000 when purchasing four properties.

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