The Director of Criminal Investigations has accused Deputy Chief Justice Philomena Mwilu’s lawyer of lying to court to stop his trial over Sh60 million fraud.
Through an affidavit filed by Inspector Arthur Onyango, the DCI argued that Mr Stanley Muluvi lied that police raided his office to illegally arrest him and obtain evidence yet he voluntarily presented himself and offered the material that was relied on to charge him and Justice Mwilu.
According to the investigator, Mr Muluvi was not being prosecuted for being Justice Mwilu’s lawyer, but because there is evidence that they colluded to defraud Imperial Bank and the Kenya Revenue Authority through tax evasion.
“He has failed to demonstrate how we acted in bad faith by preferring the charges against him. His contention that we obtained evidence illegally is an afterthought. He only wants to hang on the decision to acquit Mwilu when he has no basis to stop his trial,” swore Onyango.
Justice James Makau last week issued orders stopping the Director of Public Prosecution from continued prosecution of Mr Muluvi pending determination of his petition.
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Muluvi and Mwilu were jointly accused of conspiracy to irregularly obtain a loan of Sh60 million from Imperial Bank and tax evasion but five judges of the High Court stopped the charges against the DCJ, but allowed the DPP to continue with the lawyer's trial.
He went back to court arguing that letting Justice Mwilu off the hook while leaving him to carry the cross is a violation of his rights to fair treatment and equality.
According to Muluyi, he does not understand why a five-judge bench of the High Court decided to save Justice Mwilu by declaring that the evidence against her was obtained illegally while at the same time allowing his prosecution to proceed using the same evidence.
The case will be heard on July 2.