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DCJ Philomena Mwilu files petition challenging her prosecution

By Mercy Asamba | Published Wed, August 29th 2018 at 10:17, Updated August 29th 2018 at 15:27 GMT +3
Deputy Chief Justice Philomena Mwilu at Milimani Law Courts this morning.

Deputy Chief Justice Philomena Mwilu has filed a petition before High Court challenging her prosecution.

Mwilu argued that the Director of Public Prosecution Noordin Haji has no powers to arrest her and that the State was prosecuting the case through the media.

ALSO READ: Mwilu faces tax evasion, forgery and office abuse charges

The DCJ added that she became aware of the arrest and allegations through  newspapers.

Mwilu’s charge sheet at a glance

Count 1: Abuse of office

Justice Mwilu: Between August 15, 2013 and October 23, 2013 at Imperial Bank Headquarters in Westlands, Nairobi, being a person employed in the public service as a judge of the Court of Appeal, used the said office to improperly confer a benefit to herself of Sh12 million frombthe bank.

Count 2: Justice Mwilu and Stanley Muluvi

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Obtaining the execution of a security by false pretence where it is alleged they conspired to execute a discharge for two parcels of land being securities for a loan of Sh60 million.

Count 3: Failure to pay taxes Justice Mwilu

Between December 2, 2013 and December 10, 2014 in Nairobi, unlawfully failed to pay taxes payable to KRA for the sum of Sh3.1 million being the stamp duty on the purchase of land reference number 3734/202 situated within Nairobi County.

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Count 4: Unlawful failure to pay taxes to KRA

Justice Mwilu --Between December 2, 2013 and December 10, 2014 in Nairobi, unlawfully failed to pay taxes payable to KRA for the sum of Sh58,000 being the stamp duty on the purchase of land reference number 3734/209 situated within Nairobi County.

Count 5: Unlawful failure to pay taxes to KRA

Justice Mwilu --Between August 10, 2013 and March 21, 2016 in Nairobi, unlawfully failed to pay taxes payable to KRA for the sum of Sh3.2 million being the stamp duty on the purchase of land reference number 3734/1129 situated within Nairobi County.

Count 6: Unlawful failure to pay taxes to KRA

Justice Mwilu --Between June 8, 2016 and June 27, 2016 in Nairobi, unlawfully failed to pay taxes payable to KRA for the sum of Sh2.4 million being the stamp duty on the purchase of land reference number 330/634 situated within Nairobi County.

Count 7: Unlawful failure to pay taxes to KRA

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Justice Mwilu --Between July 31, 2015 and December 16, 2016 in Nairobi, unlawfully failed to pay taxes payable to KRA for the sum of Sh3.6 million being the stamp duty on the purchase of land reference number 3734/1297 situated within Nairobi County.

Count 8: Forgery

Justice Mwilu and Mr Muluvi --On unknown date and place within the Republic of Kenya, jointly with others with intent to defraud, forged a certain document to with KRA stamp duty declaration assessment and payslip S/2331415 dated December 4, 2014 purporting it to be genuine stamp duty declaration, assessment and pay-in slip issuedby KRA.

Count 9: Uttering false document

Mr Muluvi --On August 27, 2018 at AAAC House in Westlands in Nairobi knowingly and fraudulently uttered to Inspector Arthur Kennedy Onyango a false document namely KRA stamp duty declaration, assessment and pay-in slip purporting it to be genuine valid stamp duty declaration from KRA.

Count 10: Forgery

Justice Mwilu and Mr Muluvi --On unknown date and place within the Republic of Kenya, jointly with others with intent to defraud, forged a certain document to wit KRA stamp duty declaration assessment and payslip S/2611055 dated March 11, 2016 purporting it to be genuine stamp duty declaration, assessment and pay in slip issued by KRA.

Count 11: Forgery

Justice Mwilu and Mr Muluvi --On January 5, 2014 at unknown place within the Republic of Kenya, jointly with others with intent to defraud, forged a certain document to with National Bank of Kenya cash deposit number M548740 for transaction S/No 2331415 dated December 5, 2014 for a sum of Sh3.6 million in favour of account number 010013210600 in the name of commissioner of domestic taxes stamp duty purporting it to be a genuine and valid cash deposit slip duly issued by NBK.

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Count 12: Forgery

Mr Muluvi --On March 16, 2016 at NBK Hill Branch, Nairobi, jointly with others with intent to defraud, forged a certain document to wit National Bank of Kenya cash deposit number F236421 for transaction S/No 2611055 dated March 16, 2016 for a sum of Sh2.8 million in favour of account number 010013210600 in the name of commissioner of domestic taxes stamp duty purporting it to be genuine and valid cash deposit slip duly issued by NBK.

Count 13: Forgery

Mr Muluvi --On December 2, 2014 at NBK Hill Branch, Nairobi, forged a certain document to with National Bank of Kenya cash deposit number F236422 dated March 16, 2016 for a sum of Sh110 in favour of account no 010013210600 in the name of commissioner of domestic taxes stamp duty purporting it to be genuine and valid .


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