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Mwilu abused office, received bribe and evaded taxes - DPP

Tuesday August 28, 2018

Director Public Prosecutions Mr Noordin Haji talks to journalists at Integrity centre during a press conference./EZEKIEL AMING'A

Deputy Chief Justice Philomena Mwilu abused office for personal gain and received a bribe, Director of Public Prosecutions Noordin Haji has said.

"Evidence shows she accepted a cash gift; undermining public confidence in the integrity of her office and failed to pay taxes," he said.

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Addressing the media on Tuesday, Haji said Mwilu also obtained execution of a security belonging to Imperial Bank Limited, now in receivership, by false pretence.

"Our country is being torn apart by people who have been placed in positions of trust, but who in turn abuse this trust," he said.

Haji said investigating and punishing wrongdoing is difficult and painful, but it has to be done.

"Those in positions of service must not only submit to the constitutional precepts of integrity, they must exercise wisdom, demonstrate good judgement and lead by example," he said.

Haji said after the DCI forwarded a file relating to Mwilu, he informed Chief Justice David Maraga of his decision.

"I did this out of respect for the CJ, and he granted consent for her arrest and prosecution," he said.

Haji said criminal proceedings would be preferred on Mwilu.

"It is the right decision under the law. I believe that judges in a democracy such as ours must be free and fair in everything they do," he said.

 "Indeed, the precepts and principles of the Constitution must be our guide at all times."

The DPP said the justice system only works if lawyers, prosecutors, magistrates and judges are fair and just.

"There can be no justice if lawyers, prosecutors, magistrates, judges and investigators (who are court officials) use their position to enrich themselves at the expense of the Kenyan people," he added.

Earlier, Mwilu was arrested at Supreme Court in Nairobi.

She was taken to the Directorate of Criminal Investigations for processing before being taken to court.

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