The Office of the Director of Public Prosecution (ODPP) under Noordin Haji now says it is confident of winning the graft and abuse of office case against Deputy Chief Justice, Philomena Mbete Mwilu.
Speaking in court on Tuesday, August 10, Haji's senior assistant, Alexander Muteti, argued that the exposé against Mwilu would stun the nation.
He stated that he would release the dossier which would seemingly secure Mwilu's conviction. Muteti supported four petitions seeking to oust Mwilu from public office.
"The first interested party has not disclosed the entire dossier against the petitioner,” senior assistant Director of Public Prosecution (DPP), Alexander Muteti, told the court.
The Judicial Service Commission (JSC) led by Chief Justice (CJ) Martha Karambu Koome, Mwilu's boss, added that it had evidence on how the DCJ allegedly transacted over Ksh20 million at the Supreme Court parking lot, her office building and her Kilimani, Nairobi home. These transactions reportedly occurred seven years ago.
JSC further told the High Court that it had knowledge of her alleged communication with a criminal suspect.
"Due to the overriding public interest of having any cloud as to judicial integrity resolved promptly, the JSC takes very seriously its responsibility of quickly and fairly resolving petitions for the removal of judges and complaints against judicial officers," JSC lawyer, Charles Kanjama, stated while defending the commission against claims that it doctored evidence against Mwilu.
He added that the Supreme Court judge had never replied to allegations filed against her by Director of Public Prosecution Noordin Haji and Directorate of Criminal Investigations (DCI) boss, George Kinoti.
One tactic Mwilu reportedly used to drag the cases was moving to court to bar JSC from hearing the petitions to conclusion, according to Kanjama and co-attorney, Paul Muite.
"Until today, the petitioner is yet to respond to the substance of allegations against her. What she did instead is file two preliminary objections contending that the matters raised in the petitions were subjudice because they related to a pending appeal."
"She also claimed that they were a collateral attempt to overturn the decision of the High Court,” Kanjama and Muite argued.
On Tuesday, August 10, Mwilu complained that JSC, a commission in which she serves as a member, was biased in handling four petitions against her. She added that there was an ulterior motive behind investigating her over alleged gross misconduct, corruption, tax fraud and falsifying documents was ill-founded.
