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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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I know many of you didnt watch the @DCJ Mwilu's defense submissions yesterday but in summary they said the DCJ doesnt need to be proscecuted for there is no complainant in the case and the JSC should be one to advise the DPP to proscecute her. So Qureshi's response was as seen below, Quote:
The charges against the DCJ relate to credit transactions between her and Imperial Bank Limited and alleged failure to pay stamp duty on four properties she bought between 2014 and 2016. The bank is under receivership.
Yesterday the QC told the five judges that the relationship Mwilu had with the collapsed bank was unusual. He said the DCJ had a direct line to the bank's managing director. This enabled her to secure an unsecured facility at zero interest rate.
Qureshi referred to one of the statements by the bank's credit manager that Mwilu was given Sh12 million under circumstances inappropriate to bank-customer relationship as no appraisal of her credit worth was done.
Mwilu had not applied for the loan and had no letter of offer specifying the terms, the QC said referring to the credit manager's statement.
The statement, as recorded by the Directorate of Criminal Investigations, said that the disbursement was highly irregular as it could not be described as a loan.
In disproving Mwilu's assertion that the charges cannot stand, the QC questioned why she, being a state officer, accepted a disbursement of Sh12 million in October 2013 without applying for the same, without any letter of offer and with NIL interest. This can only be termed as a benefit to her, he said.
Qureshi said it was clear Mwilu abused her office as she also used the official Judiciary letterhead to write to IBL's group managing Director at IBL. She also sent a handwritten letter to group managing director A. Jan Mohamed in August 2013 requesting for a reduction of interest rate from 14 per cent to any lower rate even before a long term loan of Sh70 million was processed.
He dismissed Mwilu's claims that criminal cases facing judges ought to pass through the JSC. There is no basis in the Constitution to suggest such, he said.
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore .
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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The Judicial Service Commission has recommended the removal of three judges. They are justices DK Marete, Lucy Waithaka and Martin Muya. Chief Justice David Maraga made the announcement during a press conference on Thursday. "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore .
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore .
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Rank: Elder Joined: 12/7/2012 Posts: 11,908
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Illegally, how? Yawa Kenya!!!! In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: Elder Joined: 4/9/2008 Posts: 2,824
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That should be a minor setback... ata kurudia mtihani is harder than what the DCI need to do.... DCI only needs to re-obtain same evidence legally... then charge her afresh.... no ruling has been made that she can't be prosecuted? When I have money, I get rid of it quickly, lest it find a way into my heart.
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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Angelica _ann wrote:Illegally, how? Yawa Kenya!!!! It is possible. For example, intrusion on private communication without court approval may be illegal. We can say 'Kenya!!!' When we consider the context and circumstances of her prosecution. It was pre-handshake maneuver. Now that hands have been shaken, why not get things to normal?
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Rank: Veteran Joined: 11/13/2015 Posts: 1,597
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kingfisher wrote:That should be a minor setback... ata kurudia mtihani is harder than what the DCI need to do.... DCI only needs to re-obtain same evidence legally... then charge her afresh.... no ruling has been made that she can't be prosecuted? That is actually the end of her prosecution the charges were fruits of a poisoned tree. Kenyan judges are funny they think you can obtain evidence against the corrupt obtaining evidence legally. That's the end of the fight against corruption all suspects will allege some violation of their rights in the way evidence was obtained against them.
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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wukan wrote:kingfisher wrote:That should be a minor setback... ata kurudia mtihani is harder than what the DCI need to do.... DCI only needs to re-obtain same evidence legally... then charge her afresh.... no ruling has been made that she can't be prosecuted? That is actually the end of her prosecution the charges were fruits of a poisoned tree. Kenyan judges are funny they think you can obtain evidence against the corrupt obtaining evidence legally. That's the end of the fight against corruption all suspects will allege some violation of their rights in the way evidence was obtained against them. I dont even know where the illegality comes in because the evidence was uncovered by the IBL receiver manager appointed by CBK. Its a shame. "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore .
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Rank: Elder Joined: 7/22/2008 Posts: 2,703
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wukan wrote:kingfisher wrote:That should be a minor setback... ata kurudia mtihani is harder than what the DCI need to do.... DCI only needs to re-obtain same evidence legally... then charge her afresh.... no ruling has been made that she can't be prosecuted? That is actually the end of her prosecution the charges were fruits of a poisoned tree. Kenyan judges are funny they think you can obtain evidence against the corrupt obtaining evidence legally. That's the end of the fight against corruption all suspects will allege some violation of their rights in the way evidence was obtained against them. Unaiba pesa halafu unawachiliwa kwa sababu yule alikushika hakukushika vizuri.... sawa tu. Miguna is right, we need a revolution.
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Rank: Veteran Joined: 4/1/2009 Posts: 1,883
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Kusadikika wrote:wukan wrote:kingfisher wrote:That should be a minor setback... ata kurudia mtihani is harder than what the DCI need to do.... DCI only needs to re-obtain same evidence legally... then charge her afresh.... no ruling has been made that she can't be prosecuted? That is actually the end of her prosecution the charges were fruits of a poisoned tree. Kenyan judges are funny they think you can obtain evidence against the corrupt obtaining evidence legally. That's the end of the fight against corruption all suspects will allege some violation of their rights in the way evidence was obtained against them. Unaiba pesa halafu unawachiliwa kwa sababu yule alikushika hakukushika vizuri.... sawa tu. Miguna is right, we need a revolution. true story. if this decision is not set aside on appeal we shall see many things. all other corruption suspects going the same route. people compromising investigators to 'obtain evidence against them illegally'. etc. the courts are really working hard for the government to obtain the public and political goodwill to 'tame' them.
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Rank: Veteran Joined: 4/1/2009 Posts: 1,883
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wukan wrote:kingfisher wrote:That should be a minor setback... ata kurudia mtihani is harder than what the DCI need to do.... DCI only needs to re-obtain same evidence legally... then charge her afresh.... no ruling has been made that she can't be prosecuted? That is actually the end of her prosecution the charges were fruits of a poisoned tree. Kenyan judges are funny they think you can obtain evidence against the corrupt obtaining evidence legally. That's the end of the fight against corruption all suspects will allege some violation of their rights in the way evidence was obtained against them. she can still however be kicked out of the supreme court by the jsc. i mean to the public this reads as 'there is evidence against her but she cant be charged because that evidence against her was obtained illegality'. meaning to most people she did something but cannot be held accountable because of a technicality. just how is her position as a dcj tenable after that? the best thing for her was to be charged and be found innocent.
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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States court orders exist showing that DCI and DPP obtained evidence legally. Court found that there was abuse of office by improperly conferring a benefit to herself, and fraud - both criminal and unprofessional. DPP sending that JSC Appealing the ruling of the High Court "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore .
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Rank: Elder Joined: 9/19/2015 Posts: 2,871 Location: hapo
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Hii korti kweli bandia. Can the judges show anyone having pleaded in court that the evidence was obtained illegally? If not, hii korti bandia kweli. I wish DCI and DPP all God's favors as they tackle this horrible sickness in these courts. Thieves are not good people. Tumeelewana?
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Rank: Member Joined: 5/27/2016 Posts: 274 Location: Pub
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I am happy to know that the DCI/Police etc will and can never obtain any personal information i.e my bank account and use it against me. We are very safe and protected in kenya. Corruption - Bank Account access = Doom. Every one will use this loophole I work so I can afford the amount of alcohol required to continue going to work
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Rank: Veteran Joined: 10/8/2008 Posts: 1,575
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alma1 wrote:Hii korti kweli bandia.
Can the judges show anyone having pleaded in court that the evidence was obtained illegally?
If not, hii korti bandia kweli.
I wish DCI and DPP all God's favors as they tackle this horrible sickness in these courts. Oqpi korti bandia should teach some fellows a lesson or two I care!
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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alma1 wrote:Hii korti kweli bandia.
Can the judges show anyone having pleaded in court that the evidence was obtained illegally?
If not, hii korti bandia kweli.
I wish DCI and DPP all God's favors as they tackle this horrible sickness in these courts. The judges don't have to show such a pleading...
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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Didn't the judges overstep their mandate? They were to answer to the question of if a judge can be prosecuted by the DPP in such a case. "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore .
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Rank: Veteran Joined: 10/8/2008 Posts: 1,575
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murchr wrote:Didn't the judges overstep their mandate? They were to answer to the question of if a judge can be prosecuted by the DPP in such a case. They could be buying time for the 'besieged ' colleague but putting their integrity in the line I care!
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Rank: Veteran Joined: 10/8/2008 Posts: 1,575
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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Methinks, now its just a matter of time before the DCJ resigns. The bench gave her that escape route - with a hint of what might be coming her way if she hangs on. Isuni yilu yi maa me muyo - ni Mbisuu
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