Here is DPP NOORDIN HAJJ’s statement regarding the arrest of Deputy Chief Justice PHILOMENA MWILU


Ladies and Gentlemen,

Over the last few months there has been concerted efforts to fight corruption and economic crimes in the country that seriously deny the provision of basic necessities to the citizenry and affect development.

The fight has seen several high ranking officials and entities charged with various offences including asset forfeiture and confiscation. In this regard the DCI forwarded to me an investigation file relating to the Deputy CJ which I have perused and given directions.
This afternoon, I informed Chief Justice David Maraga of my decision to grant consent for the arrest and prosecution of the Deputy Chief Justice, Lady Justice, Philomena Mbete Mwilu, on criminal charges.

This decision has not been taken lightly, but it is the right decision under the law. Most of us in the office of the Public Prosecutor are indeed officers of the court and the dignity and independence of the Judiciary is dear to us. I believe that judges in a democracy such as ours must be totally free to exercise their judgment in a societal environment that supports and protects them. Indeed, the precepts and principles of the constitution must be our guide at all times.

But 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.

I believe that the majority of court officials are honest, hardworking Kenyans who have offered their time and talents in the service of their country.

The evidence in our possession, reveals that:-

1. Lady Justice Mwilu abused her office for personal gain.

2. Accepted a gift in the form of money in circumstances which undermined public confidence in the integrity of her office.

3. Obtaining execution of a security belonging to Imperial Bank Limited now in receivership by false pretense.

4. Unlawful failure to pay taxes.

5. Conducted herself in disregard of the law.

6. In view of the above, I have concluded that the evidence is sufficient with a reasonable prospect of conviction and it is in the public interest that criminal proceedings should be preferred.

Investigating and punishing wrongdoing is difficult and painful, but it has to be done. Adherence to the rule of law binds and strengthens us as a Nation. Our country is being torn apart by people who have been placed in positions of trust and who in turn abuse this trust.
At times Kenyans have failed to get justice because their lawyer is dishonest or the judge is unfair. 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 the power of their example.

Law enforcement decisions must be untainted by partisanship and under my stewardship the Office of the Director of Public Prosecutions will adhere fully to the constitution and not the fleeting interests of anyone. The checks and balances in our constitution are meant to establish a healthy tension among the branches of government as each ensures none oversteps its boundaries while...

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