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ODM sees ulterior motive in DCJ Philomena Mwilu's arrest

By Japheth Ogila | Published Tue, August 28th 2018 at 21:14, Updated August 29th 2018 at 00:13 GMT +3
DCJ Philomena Mwilu when she appeared at Milimani Law Courts for graft charges today. [Photo: Courtesy]

The Orange Democratic Movement has protested the arrest of Deputy Chief Justice Philomena Mwilu over graft allegations saying that the due process was not followed.

A statement signed by party's Secretary General Edwin Sifuna reads: "Our attention has been drawn to the arrest, and subsequent arraignment in court, of the Deputy Chief Justice Hon. Philomena Mwilu."

It adds: "We applaud the government for its newfound dedication to the fight against corruption in all forms, and we reiterate the Party's commitment towards this front.

We, however, are constrained to point out from the onset that this fight will only succeed if anchored totally on the rule of law, adherence to the letter and spirit of the Constitution, and grounded on basic human dignity."

ODM notes that Justice Mwilu's case should have been handled by the Judicial Service Commission and not the court.

"Indeed cases of alleged criminal conduct involving judicial officers have in the past been processed through the JSC in the first instance. This was the case with the allegations of bribery against Justice Tunoi and alleged assault against former DCJ Nancy Baraza," adds Sifuna.

However, DPP Noordin Haji had earlier on noted that the JSC is not fully constituted to handle such matter. Haji also indicated in his statement that he notified Chief Justice David Maraga of his move to charge his deputy.

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The party further warns DPP Haji against succumbing to external interference saying that this will derail the fight against corruption.

"The Party wishes to remind him not to open his office to manipulation especially by state and non-state actors. This is especially so when the charges he brings appear openly frivolous, lacking in substance, and reeking of political witch-hunt."

 Justice Mwilu was arraigned in Milimani Law Courts before Chief Magistrate Lawrence Mugambi Tuesday afternoon where she was charged with abuse of office and tax evasion.  Mwilu is accused of benefitting from a transaction involving collapsed Imperial Bank.

She was later released on Sh5m bail and ordered to appear before the court on Wednesday, August 29 2017.

 


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