The hearing of a case challenging the prosecution of Deputy Chief Justice Philomena Mwilu kicked day 2 on Wednesday with lawyers representing the Director of Public Prosecutions (DPP) taking center stage to defend the decision to charge the judge.
Led by Queen’s Council Khawar Qureshi, whose appointment had been challenged by Mwilu’s lawyers, the prosecution asked the five-judge bench to dismiss the DCJ’s case and let her be charged before the lower court.
QC Qureshi submitted that they have evidence to sustain criminal charges against DCJ Mwilu, telling the court that “there’s a strong case against the judge.”
“We have evidence to sustain criminal charges against DCJ Mwilu,” said Qureshi.
The British Prosecutor further submitted that Mwilu’s petition to stop her prosecution was baseless and should be dismissed saying charges preferred against her are criminal and not civil.
“The DPP followed the law in preferring charges against DCJ on failure to pay stamp duty and abuse of office,” the court heard.
Qureshi submitted that Mwilu had a direct line with the managing director of the bank in question, and even attended his funeral when he died.
According to the prosecution, the relationship raises eyebrows since Mwilu’s requests to the bank were dealt without delay.
“We will show that she abused her office and that count one of abuse of office is properly framed,” Qureshi submitted.
He also questioned how Mwilu got an unsecured facility that had zero (0) interest when loan facilities were charged at 14 %.
“This is not an ordinary client-bank relationship,” stated Qureshi.
The bench heard that there is no basis in the constitution to suggest that criminal cases involving judges have to pass through the Judicial Service Commission.
The office of the DPP submitted that they acted purely on evidence and followed the law in pressing charges against Mwilu.
The prosecution further dismissed allegations that the charges are have an ulterior motive and that they are meant to embarrass the DCJ.