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Mwilu unable to prove malice, State tells court

Director of Public Prosecutions (DPP) together with Director of Criminal Investigations (DCI) have urged the High Court to dismiss a case filed by Deputy Chief Justice Philomena Mwilu challenging her prosecution.

In an affidavit by Abdalla Mwatesefu, the DCI says Mwilu has failed to demonstrate that DCI did not act independently or has acted in bad faith.

“That the petitioner has not demonstrated that DCI has exercised its powers contrary to the Constitution or violated any provisions of the law to trigger High Court’s intervention,” reads the court papers. 

He says in the course of investigations, it was established that Justice Mwilu’s son Timothy Mutunga was working at Imperial Bank Limited (IBL) headquarters in Westland’s as Quality Assurance Officer having been employed in 2015. Mwatesefu claims Mwilu received Sh12 million from IBL, money which was credited to her bank account at the said bank on October 23, 2013.

He says the said money was not given to the judge under circumstances which were not commensurate to bank-customer relationship as an appraisal of her credit worth had not been done.

DPP Noordin Haji says Mwilu used her office to improperly confer a benefit of Sh12 million from IBL adding that the circumstances under which the DCJ received the money were clearly illegal and that she obtained financial advantage of her office as a State officer without any letter of offer and with nil interest.

“From the circumstances under which Justice Mwilu received the Sh12 million were clearly illegal and the petitioner obtained financial advantage of her office being a Court of Appeal judge,”says Mwatesefu.

Haji says that Justice Mwilu being  a State officer accepted a disbursement of Sh12 million on October 23, 2013 without applying for the same, without a letter of offer and with nil interest from the bank where her son was an officer to specify the term.

“Justice Mwilu had not asked for the loan in terms of application and no letter of offer from the bank to specify the terms,” reads the affidavit. The officer claims that allowing the petition by Mwilu would amount to impeding the DCI performance of Constitution and statutory duties entrusted upon him through the police service.

They further want the application dismissed saying that it lacks material evidence and does not meet the threshold to stop her from being prosecuted.

According to the court documents, Mwilu is said to have made a cash payment of Sh10 million on November 26, 2014 to reduce the loan to Sh2 million. The case will be heard on October 9.

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