Inside DPP Haji’s 18-Page Petition on Mwilu’s Ouster

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Photo Collage of DPP Noordin Haji and Philomena Mwilu.PHOTO/COURTESY

Director of Public Prosecution Noordin Haji is burning the midnight oil to keep to his word where he vowed a long journey of a battle against the suspended Deputy Chief Justice Philomena Mwilu.

Mwilu is currently facing 13 counts of abuse of office, obtaining the execution of a security by false pretence, failure to pay taxes to the Kenya Revenue Authority, forgery and uttering a false document.

And now the DPP has filed an 18 paged petition pushing for Mwilu’s ouster as the Deputy Chief Justice and the Vice President of The Supreme Court of Kenya on allegations of gross misconduct.

 

Haji claims that he has established sufficient grounds for gross misconduct, misbehavior and the breach of the Judiciary code of conduct.

Mwilu might see herself lose her position as the DCJ if Haji manages to convince the three bench judges tribunal  of Mwilu’s 49 suspicious financial transactions running into millions

Haji’s petitions details how Mwilu in October 28, 2014 obtained cash amounting to Ksh.3 million from the Supreme Court parking lot and an additional Ksh.7 million in cash was delivered to her office at the Supreme Court in the afternoon of the same day.

Haji claims that on the evening of November 5, 2014, another Ksh.10 million was also delivered at her residence at Kilimani, also in cash.On November 2, 2014, the Imperial Bank Limited (IBL) Relationship Manager Mehbooh Jaferali Khalftan Shamji made a cash payment of Ksh.10 million to Mwilu but failed to explain where they met with the DCJ for the drop-off.

According to Haji, Mwilu used the prestige of her judicial office to advance her private interests.

DCJ Mwilu was also not appraised for her creditworthiness as required but instead dealt directly with then IBL Managing Director.

According to the DPP, investigations at Kenya Revenue Authority (KRA) further revealed that Mwilu and her advocate never paid stamp duty totaling to Ksh.12,440,000 when purchasing properties.

“Reasons wherefore your Humble Petitioner prays that the Judicial Service Commission (JSC) be pleased to find that there are sufficient and overwhelming grounds for recommending the removal of DCJ Mwilu from the office, station and position of the Deputy Chief Justice (DCJ),” said DPP Haji.

In a rejoinder, a good number of Kenyans now smells Haji’s battle against Mwilu to subjectivity. See what some had to say;

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