BY NT CORRESPONDENT.
The legal battle between Director of Public Prosecution and Supreme Court Judge Philomena Mwilu continue reveal details that has exposed the learned judge transactions.
This is after DPP Noordin Haji asked the court to dismiss case by Supreme Court Judge challenging her prosecution before Anti-Corruption Court.
CP Abdalla Komesha Mwatesefu attached to investigation bureau at DCI in the replying affidavit says, that Mwilu has failed to demonstrate that DCI did not act independently or has acted in bad faith.
He says that in the course of investigations it was established that the Justice Mwilu’s son Timothy Mutunga was working at Imperial Bank Headquarters Westland’s as Quality Assurance Officer having been employed in 2015.
CP Mwatesefu claims that Mwilu received 12 million shillings from IBL, money which was credited to her bank account at the said bank in 23 of October 2013.
DPP says Justice Mwilu abused office in land deal.
He says that the said money was not given to the judge under circumstances which were not commensurate to banks customer relationship as a no appraisal of her credit worth had not been done.
“She 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.
It is alleged that out of the 12 million shillings the judge withdrew 1 million shillings which was spent in small business. On 25th of October 2013 she withdrew 5 million shillings, 6th November 4 million shillings and on 27th of February 2014 2 million shillings was withdrawn.
The investigators says that being a state officer , she accepted a disbursement of 12 million shillings irregularly without applying for the same , without any letter of offer and with NIL interest which can be termed as a benefit to the judge.
“From the circumstances under which she received the 12 million shillings were clearly illegal and the petitioner obtained financial advantage of her of her office, Court of appeal judge,” reads the affidavit.
The judge is however said that she paid a total of 10 million shillings on 26th of November to reduce the loan to 2 million shillings.
The replying affidavits points out that Mwilu in conjunction with her lawyer never paid stamp duty totaling to 12,440,000 shillings when purchasing four properties.
She was given the said loan under circumstances not commensurate to bank-customer relationship as no appraisal of her credit worth had been done. She had not asked for the loan in terms of application and no letter of offer to specify the terms,” said Komesha.
The investigators said that they concluded that, being a State officer, the circumstances under which Justice Mwilu received the loan were illegal, given that there was no letter of offer and she repaid it without paying any interest.
Mwilu and lawyer Stanley are said to have intentions to defraud Imperial Bank Limited by falsely pretending they will substitute the charge of the two title deeds.
The matter to proceed before judge Chacha Mwita.
