New petition against DCJ Mwilu

Deputy Chief Justice Philomena Mwilu

Mr Mogire Mogaka is going after the Deputy Chief Justice Philomena Mwilu as he has filed a petition to remove her from office on grounds that she is unfit to hold a public office due to Mwilu’s dealings with Imperial Bank and funds received from a shadowy Ugandan firm.

The man who is trying to be a petition guru first attacked Chief Justice David Maraga with the anti graft agency and parliament for failing to swear in Judicial Service Commission(JSC) members.He is currently after the second in command stating that the judge’s dealings with Imperial Bank such as Interest free loans shows she may have used her position to gain advantage over ordinary citizens.

Mr Mogaka’s petition comes just few days ahead of Mwilu’s appearance before High Court Judge Chacha Mwita on Tuesday October 9, 2018 to defend her application to have her prosecution on involvement of graft suspended. Mwilu obtained stay orders suspending the case until tomorrow with over 40 lawyers representing her in her case.

Deputy Chief Justice Philomena Mwilu at the Milimani law Court on Tuesday 8 August

Director of Public Prosecutions Noordin Haji insists he has enough evidence to have Justice Mwilu convicted  for abuse of office, illegal recovery of a loan security from the collapsed Imperial Bank, tax evasion and forgery of stamp duty documents to evade tax.

She argues that the planned prosecution is a retaliation by President Uhuru Kenyatta, who publicly expressed his anger at judges who ordered a fresh presidential election last year and promised to “revisit” their actions.

According to Ms Mwilu, the motive is to remove her from office and the action by Mr Haji is tainted with abuse of power and arbitrary exercise of authority.

In his petition to the JSC, Mr Mogire holds that Justice Mwilu violated laws that require public officers to avoid questionable dealings, whether in their personal or official capacity.

Mogire says the fact that Mwilu reportedly made dealings with Imperial Bank and received funds from a controversial Ugandan firm rendered her unfit to hold public office.

In his petition, Mogaka posits that; “The Deputy Chief Justice got an unsecured loan of Ksh 80 million. It is now clear why the Imperial Bank collapsed and many Kenyans are suffering. Justice Mwilu is not fit to be the Deputy Chief Justice. She has clearly failed in the integrity test.”

DCJ Philomena Mwilu accompanied by lawyer Okongo Omogeni while being led to Milimani Court

Top on his concern was the DCJ’s alleged receipt of Ksh 80 million from Uganda’s RAEI Investments Limited Kampala, which sent her money from its Crane Bank account.

Crane Bank, closed down in October 2016, a year before the collapse of Imperial Bank where she is accused of having received interest-free-loans.

The judiciary has been facing lots of petitions against its rulings on election cases. Unhappy citizens seem to be throwing petition after petition to attack the officials especially David Maraga and Philomena Mwilu.

In the past MP Ngunjiri Wambugu has filed a petition with the Judicial Service Commission (JSC) seeking the removal of Chief Justice David Maraga.

Speaking outside the Supreme Court Mr Wambugu stated that his petition was challenging Maraga’s tenability stating the CJ had instituted “a judicial coup” as the head of the third arm of government.

“I am challenging how he has conducted himself since he was appointed to the Supreme Court. He has allowed Judiciary to be taken hostage by individuals,” the Legislator stated.

In the 14-page petition, he added that Maraga exerted undue influence on other judges while delivering the ruling overturning President Uhuru Kenyatta’s win. This, according to Wambugu, amounted to gross misconduct.




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