Mwilu accused of gross misconduct for allegedly shielding suspects

Director of Public Prosecutions Noordin Haji has accused Deputy Chief Justice Philomena Mwilu of assisting two men in a fake currency case.

Haji, in a petition at the Judicial Service Commission, says Mwilu was engaged in inappropriate communication with Omar Arafat, the principal suspect in a criminal case pending at the magistrate's court.

The other suspects are Docta Peter and Joseph Waswa alias Henry Wafula. 

Docta and Waswa were early this year charged with being in possession of papers of forgery intended to resemble and pass as special paper used in making currency notes. They were also charged with giving false information to a person employed in the public service.

The DPP says Mwilu communicated with Arafat, a clear indication that she was either complicit in the commission of the offences or she was engaged in acts of aiding the accused to evade justice.

“She was out to use her office to ensure that the accused persons are shielded from the due process,”  the petition reads.

“Clause 14 (2) and (3) of the judicial code of conduct demands integrity from judicial officers and requires them to ensure that their conduct is above reproach in view of a reasonable observer.”

Haji is ready and willing to produce witnesses and documentary and other evidence in camera if called upon to do so.

Waswa was also charged alongside Duncan Muchai, Isaac Wanjekeche, William Simiyu, David Luganya, Gilbert Kirunja and Anthony Wafula with mimicking the President and defrauding Sameer Africa Finance director Akif Hamid Butt of Sh10 million.

The seven allegedly used mobile number 0722208842 and called the chairman Sammer Africa to facilitate the release of the money while mimicking the voice of the President.

The DPP's petition urges the commission to find there are sufficient and overwhelming grounds recommending to the President that a tribunal be appointed to inquire into the events and particularly to find a reason for her removal from office.

He says Mwilu is guilty of gross misconduct as she acted in a manner not befitting her office.

The DCJ, he says, used her office as a Court of Appeal judge to advance private interest and obtain a loan of Sh12 million at zero interest rate without applying for it. The loan, according to the DPP, amounted to an improper and suspicious benefit.

“The interest-free loan did not reflect well on the dignity and integrity of the Judiciary. The tax evasion, forgery and fraud dented her integrity,” Haji says.

A five-judge bench on May 31 quashed the criminal charges against the DCJ on grounds that the evidence was obtained illegally.

The bench ruled that the DCI violated the judge's right to privacy by obtaining and using a court order that had no bearing on the case to look into her accounts at  Imperial Bank. The bank is no longer functional.

The DPP says Mwilu breached the judicial code of conduct and her actions amounted to gross misconduct when she obtained a loan of Sh12 million at the time she was a court of appeal Judge.

According to the petition, Mwilu also used Judiciary letterhead in writing to IBL group managing director when requesting for another loan of Sh70 million.

The DPP wants the JSC to intervene and ensure that judges, including Mwilu, are held accountable for their actions.

“Mwilu being a state officer is prohibited from seeking or accepting a personal loan or benefit in circumstances that compromise the integrity of the state officer,” Haji says.

The acts of tax evasion and forgery, improper conferment of a loan and fraud (replacement of security), he says, demean the office of the DCJ and a judge in general and are not consistent with the dignity of the judicial office.

 “The indiscrete conduct of Mwilu has tremendously cast the reputation, prestige and standing of Kenya’s Judiciary to horrendous disgrace…,” according to the petition. 

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