Parking lot millions, unsecured loans, tax evasion: Haji lifts lid on Mwilu ‘private interests’
The Director of Public Prosecutions (DPP) Noordin Haji has filed a petition for the removal of Deputy Chief Justice Philomena Mbete Mwilu.
In the 18-page petition, Haji is pushing for her ouster as Deputy Chief Justice and the Vice President of The Supreme Court of Kenya.
The DPP said he has established sufficient grounds for gross misconduct, misbehavior and the breach of the Judiciary code of conduct.
He listed 49 suspicious financial transactions running into millions that raised eyebrows among senior officials at the Kenya Revenue Authority who called for investigations.
The petitions details how Mwilu in October 28, 2014 obtained cash amounting to Ksh.3 million from the Supreme Court parking lot.
In the afternoon of same day, an additional Ksh.7 million in cash was delivered to her office at the Supreme Court.
Fast forward to 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.
“She obtained a loan of Ksh.12 million by virtue of her office as a Court of Appeal Judge. She did not apply for the loan, there was no written letter of offer from Imperial Bank Limited (IBL) setting out the loan amount, repayment period, interest rate, security offered, amongst others and all this, at zero interest,” his petition reads.
DCJ Mwilu was also not appraised for her credit worthiness as required but instead dealt directly with then IBL Managing Director.
In the documents seen by Citizen Digital, DCJ Mwilu wrote to Jan Mohamed, the Managing Director Imperial Bank Limited (IBL), (now deceased) on August 15, 2013 and applied for a Ksh.70M long-term loan using the Judiciary Letterhead.
On August 30 2013, she wrote a handwritten letter to Mohammed requesting for a reduction of interest rate from 14 percent to any lower rate even before the loan was processed.
The DPP cited the above actions as illegal since the law prohibits a State Officer from seeking or accepting a personal loan or benefit in circumstances that compromise the integrity of the State Officer.
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.
This was after investigations revealed that they presented forged National Bank of Kenya pay-in slips to KRA.
The embattled DCJ is accused of acts of tax evasion, forgery, improper conferment of a loan and fraud.
According to the DPP, her acts have demeaned the office of the Deputy Chief Justice and a Judge in general and are not consistent with the dignity of the judicial office.
“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.
JSC is mandated to deal with issues relating to misconduct by judges and judicial officers and the removal of a judge can only be initiated through the commission.