The Judicial Service Commission (JSC) members on Friday received documentation detailing a new push to remove Deputy Chief Justice Philomena Mwilu from office.
Details of the petition emerged barely a day to Justice Mwilu's appearance before High Court Judge Chacha Mwita on Tuesday, October 9, 2018, to defend her application to have her prosecution on involvement in graft suspended.
Mr Mogire Mogaka wrote to the commission arguing that Justice Mwilu was grossly unfit to be in office due to her alleged involvement in suspicious bank transactions.
Mogire says the fact that Mwilu reportedly made dealings with Imperial Bank and received funds from a controversial Ugandan firm rendered her unfit to hold public office.
The petitioner told JSC that Justice Mwilu had violated laws that require public officers to avoid questionable dealings, whether in their person or on official capacity.
Top on his concern was the DCJ's alleged receipt of Ksh80 million from Uganda’s RAEI Investments Limited Kampala, which sent her money from its Crane Bank account.
Crane Bank, closed down in October 2016, a year before the collapse of Imperial Bank where she is accused of having received interest-free-loans.
In his petition, Mogaka posits that; "The Deputy Chief Justice got an unsecured loan of Ksh80 million. It is now clear why the Imperial Bank collapsed and many Kenyans are suffering. Justice Mwilu is not fit to be the Deputy Chief Justice. She has clearly failed in the integrity test.”
The Director of Public Prosecution is seeking to have Justice Mwilu charged and prosecuted for abuse of office, illegal recovery of a loan security from the collapsed Imperial Bank, tax evasion and forgery of stamp duty documents to evade tax.
Mwilu obtained stay orders suspending the case until tomorrow, Tuesday, October 9, 2018, with over 40 lawyers representing her in the court case.
