Embattled Deputy Chief Justice Philomena Mwilu had a very close relationship with Imperial Bank manager, a move that allowed her to breach banking rules, reports the Standard.
Director of Public Prosecution Noordin Haji is taking Mwilu head-on even as the latter's lawyers put up a spirited fight on Tuesday to have the criminal charges against her dropped.
The relationship allowed her to access loans by writing directly to the director, Abdulmalek Janmohamed, without following laid out procedures, according to DPP Haji.
The Directorate of Public Prosecutions, through lawyer Khawar Qureshi QC who has been hired from the UK to prosecute the case, argued that evidence of such a close relationship is what led the directorate to press charges against Mwilu.
“The petitioner had a direct line with the managing director. She is a very privileged individual, who would secure a loan without documentation or interest,” said Qureshi.
“The relationship between the petitioner and the managing director is not at arm’s length. In this case, it is the director who called the shots," he added.
However, while hitting back at the DPP and the Director of Criminal Investigations (DCI) George Kinoti, Mwilu’s lawyers argued that the plot to charge her was hatched by Haji and communicated in a letter to Mr Kinoti.
“The decision to prosecute was instigated by the DPP and predetermined by the DPP. The investigations were instigated by the DPP himself,” argued Mwilu’s lawyer Julie Soweto.
During the submissions, lawyer James Orengo insisted that the DPP made grave mistakes by initiating criminal investigations against the DCJ, adding that the allegations are civil in nature. He also read malice in the case.
The DCJ is accused of tax evasion and money laundering, a move which DPP said led to collapsing of the Imperial Bank which is currently under receivership.