Kenya’s Deputy Chief Justice, Lady Justice Philomena Mwilu, as reported by the Standard Media online portal, has filed a petition before the High Court to challenge her accusation.
Mwilu claimed that the country’s director of public prosecution (DPP) Noordin Haji had no powers to arrest her and that the state was pursuing the case through the media.
Mwilu tackles tax evasion, counterfeiting and allegations of abuse of office
The DCJ added that she became aware of the arrest and accusations through the newspapers.
The charge card of Mwilu at a glance
Count 1: Abuse of office
Justice Mwilu: between 15 August 2013 and 23 October 2013 at the headquarters of the Imperial Bank of Westlands, Nairobi, being a civil servant as a judge of the Court of Appeals, used that office to improperly confer a benefit to itself of Sh12 million from the bank.
Count 2: Justice Mwilu and Stanley Muluvi
Obtain the execution of a title with false fiction where it is claimed that they conspired to perform a discharge for two parcels of land that are securities for a loan of Sh60 million.
Account 3: Non-payment of taxes Justice Mwilu
Between 2 December 2013 and 10 December 2014 in Nairobi, illegitimately failed to pay the taxes payable to the KRA for the sum of Sh3.1 million of stamp duty on the purchase of the reference number 3734 / 202 located in Nairobi County.
Count 4: Unlawful payment of taxes to KRA
Justice Mwilu – Between 2 December 2013 and 10 December 2014 in Nairobi, illegitimately failed to pay the taxes payable to the KRA for the sum of Sh58,000 being the stamp duty on the purchase of the number of Land reference 3734/209 in Nairobi County.
Counting 5: Unlawful payment of taxes to KRA
Justice Mwilu – Between 10 August 2013 and 21 March 2016 in Nairobi, illegitimately failed to pay the taxes payable to the KRA for the sum of Sh3.2 million of stamp duty on the purchase of the number of reference 3734/1129 of the land located within the county of Nairobi.
Counting 6: Unlawful payment of taxes to KRA
Justice Mwilu – Between June 8, 2016 and June 27, 2016 in Nairobi, he illegitimately failed to pay the taxes payable to the KRA for the sum of 2.4 million shillings as stamp duty on the property. purchase of the reference number 330/634 of the land. located within the county of Nairobi.
Count 7: Invalid non-payment of taxes to the KRA
Justice Mwilu – Between July 31, 2015 and December 16, 2016 in Nairobi, he illegally failed to pay the taxes payable to the KRA for the sum of Sh3.6 million of which the stamp duty is the purchase of reference number 3734/1297 located in Nairobi county.
Count 8: Forgery
Justice Mwilu and Muluvi – At a date and place unknown to the Republic of Kenya, along with others with the intention of defrauding, falsified a certain document with the declaration of KRA stamp duty and pay slip S / 2331415 of December 4, 2014 stating that it is an authentic stamp duty, a declaration and a payment slip issued by KRA.
Count 9: Speaking a false document
Mr. Muluvi – On 27 August 2018 at the AAAC House of Westland, in Nairobi, deliberately and fraudulently pronounced at Inspector Arthur Kennedy Onyango a false document, namely the stamp duty, the declaration and the payment receipt KRA that it is a true valid statement of duty by KRA stamp.
Count 10: counterfeiting
Justice Mwilu and Muluvi – At an unknown date and place in the Republic of Kenya, together with others with the intent to defraud, he falsified a certain document with the evaluation of the KRA stamp duty and the postal pay slip S / 2611055 of March 11, 2016 stating that it is an authentic stamp duty, an assessment and a receipt in the bill issued by the KRA.
Count 11: counterfeiting
Justice Mwilu and Muluvi – On 5 January 2014 in an unknown place in the Republic of Kenya, together with others with the intention of defrauding, he falsified a certain document with the National Bank of Kenya’s deposit number M548740 the transaction No. 2331415 of 5 December 2014 for a sum of Sh3,6 million in favor of the account number 010013210600 in the name of national tax stamp commissioner who is presumed to be an authenticated and duly issued cash deposit policy from the NBK.
Count 12: Forgery
Mr. Muluvi – On March 16, 2016 at the NBK Hill Branch, Nairobi, along with others with the intent to defraud, falsified a certain document with the cash deposit of the National Bank of Kenya F236421 for the transaction S / No 2611055 of 16 March 2016 for a sum of Sh2.8 million in favor of account number 010013210600 in the name of national tax stamp duty commissioner who is presumed to be a valid and valid cash deposit duly issued by NBK
Count 13: counterfeiting
Mr. Muluvi – On December 2, 2014 at the NBK Hill Branch, Nairobi, falsified a certain document with the deposit number F236422 of the National Bank of Kenya dated March 16, 2016 for a sum of Sh110 in favor of account no. 010013210600 in the name of national tax stamp commissioner who claims to be genuine and valid.
Setback for DPP as High Court stops DCJ Mwilu’s prosecution
In a crazy turn of events, the High Court on Wednesday suspended the prosecution of Deputy Chief Justice Philomena Mwilu and lawyer Stanley Kiima until constitutional issues are resolved.
The Kenyan top judge who is facing several charges of forgery, abuse of office and unlawful failure to pay taxes was arraigned Wednesday morning before the Anti-Corruption Court to take plea.
Through lawyer James Orengo, Mwilu opposed her taking of plea on the grounds that the charge sheet was defective and the reasons for her arrest wanting.
Orengo argued that the charges were criminalising “a purely commercial transaction that took place five years ago” and that there was “no factual foundation” for instituting charges against the Deputy Chief Justice.
He submitted that the court proceeds were an abuse of the court because the matters before it fell under the Ethics and Anti-Corruption Commission which had investigated them and given instructions for prosecution.
According to Orengo, it was curious that it was the police who brought the charges but not the EACC. “We are going to demonstrate why the Director of Public Prosecutions, on this matter, chose to use the Director of Criminal Investigations who turned out to be use-friendly instead of using the legal regime; the statutory regime that relates to offences created under the Anti—Corruption Act,” argued Orengo.
Standard Media Kenya