Mwilu: Bank deals probe witch-hunt
SEE ALSO :CBK seeks improved Imperial Bank offerThe State’s charge sheet before the Chief Magistrate’s Court shows that Mwilu is accused alongside lawyer Stanley Muluvi of intending to defraud Imperial Bank. The judge also allegedly induced the bank’s receiver manager, Mohamed Mohamud, to discharge the two pieces of land to LR NO 3734/202 on the pretext that a security would be provided. In her further affidavit, Mwilu claimed she negotiated the swapping of the security with Mr Mohamud and his successor, Peter Kariuki, on October 13, 2015. However, she did not remember when she executed the charge. Security documents Executing a charge means signing security documents which enable a bank or a financial institution to recover its money by selling the borrower's property in the event he or she defaults in the repayment of a loan.
SEE ALSO :Mwilu back in court“Mohamud Ahmed Mohamed accepted my proposal and minuted the agreement to that effect in a handwritten document signed by himself, which he kept. Pursuant to the foregoing and in terms of the handwritten document evidencing the agreement to that effect, I proceeded to sell the LR No 3734/1129 on April 15, 2016,” she claimed in papers filed before High Court Judge Chacha Mwita. Mwilu said she sold the land for Sh150 million with the full knowledge of Mohamud. Two months after the sale, she paid the bank Sh35 million. The judge said by the time she deposited Sh35 million in the bank's account, she had Sh1 million in her savings account, which was also use in to reduce her liability to Sh23 million. But the Sh35 million allegedly did not offset the loan.
SEE ALSO :Mwilu: State wants me to resign“However, the sum of Sh35 million appears to have been utilised otherwise than intended by myself and instructed to the bank, leaving a balance of what Mohamud Ahmed Mohamud claims is Sh43 million as at June 14, 2018,” she alleged. She alleged that neither Mohamud nor the bank raised queries on how she transacted with them. Mwilu argued that without a complaint from the two, the Directorate of Criminal Investigations (DCI), headed by George Kinoti, and the Director of Public Prosecutions, Noordin Haji, had no authority to press charges against her. In his statement with the DCI on July 6, Mohamud claimed he had established that the judge did not surrender the original title deed as agreed. He said he went through Mwilu’s loan file after the DCI sought certified copies of files containing information on her accounts. Above extract “It is clear from the above extract of the statement of Mohamud Ahmed Mohamud that investigations in respect to my accounts and transactions with Imperial Bank of Kenya were not initiated on the complaint of the bank. In any event, the bank has not raised any concern with me over my accounts and the transactions therein as indeed there has been no cause for such complaint,” Mwilu argued. Mwilu’s woes with the DCI might have started on 21 May when it emerged the Kenya Revenue Authority spoken to Mr Haji about suspicious financial activities involving Rael Investments Limited and Grand Forest Japan Hospital. The two, it was alleged, dealt with Mwilu and Muluvi in an undisclosed sale activity.