The Director of Public Prosecutions (DPP) has a strong case against Deputy Chief Justice Philomena Mwilu, Queen’s Council Khawar Qureshi told a five-judge court on Wednesday.
Qureshi, who is defending the DPP’s decision to prosecute the DCJ, asked the bench to dismiss Mwilu’s petition and allow her to be charged before the lower court.
QC Qureshi, whose appointment had been challenged by Mwilu’s lawyers, stated that they have evidence to sustain criminal charges against DCJ Mwilu, adding that “there’s a strong case against the judge.”
“We have evidence to sustain criminal charges against DCJ Mwilu,” said the Queen’s Council.
He further submitted that Mwilu’s petition to stop her prosecution lacks facts and should be dismissed. The British Prosecutor also noted that Philomena Mwilu has failed to prove that the corruption charges against her are politically instigated.
“There is simply no basis, rhetoric aside, to assert that DPP’s decision was done by improper consideration. There is also no evidence to suggest it was politically motivated,”he said.
“The DPP followed the law in preferring charges against DCJ on failure to pay stamp duty and abuse of office,” the court heard.
According to the prosecution, Mwilu had a direct line with the managing director of Imperial Bank Limited and even attended his funeral when he died.
Qureshi observed that the relationship raises eyebrows since Mwilu’s requests to the bank were dealt with without delay.
“We will show that she abused her office and that count one of abuse of office is properly framed.”
Qureshi 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.
Charges against the DCJ relate to credit transactions between her and Imperial Bank Limited and alleged failure to pay stamp duty on four properties she bought between 2014 and 2016. The bank is under receivership.