DCJ Philomena Mwilu Now At CJ Maraga’s Mercy

Deputy Chief Justice Philomena Mwilu has suffered a major blow following a ruling on an application by Director of Public Prosecutions (DPP) Noordin Haji seeking for the formation of a three-judge bench to hear the case against her.

Judge Chacha Mwita directed that Mwilu’s case be forwarded to Chief Justice David Maraga for consideration  of the 3 judges who will hear the case. Conservatory orders have however been extended until the three-judge bench is determined.

Mwilu faces charges of abuse of office pressed against her by the DPP.

Mwilu was arrested for alleged corruption, failure to pay tax and improper dealings with Imperial bank, now in receivership.

Justice Mwilu has so far denied all 13 charges levelled againt her before Anti-Corruption Court. One charge relates to receiving Sh 12 million from Imperial  Bank.

Mwilu was at the centre of the unprecedented nullification of President Uhuru Kenyatta’s election last year, a decision that Uhuru vowed would be revisited. She kept asking probing questions that often caught lawyers flat-footed.

DPP Haji has denied allegations that his decision to prosecute the DCJ was influenced by someone, insisting that his office is independent.

Mwilu becomes the topmost judge to be arrested and face prosecution. DPP Haji has termed the evidence against her as “sufficient with a reasonable prospect of conviction”.

The chief prosecutor said there was enough evidence to prove she abused her office to enrich herself while handling the Imperial Bank case while she was a Appeal Court judge.

“She accepted a gift in form of money in circumstances which undermined public confidence in the integrity of her office,” Haji said.

Mwilu is also being accused of obtaining execution of a security belonging to Imperial Bank Limited, now in receivership, by false pretence.

She will also face charges of failing to pay taxes, and conducting herself in disregard of the law.


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