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.

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.