Deputy Chief Justice Philomena Mwilu had a close relationship with former Imperial Bank Managing Director, a court heard Wednesday.
The relationship allowed her to access loans by writing directly to the director, Abdulmalek Janmohamed, without following laid out procedures, according to the Director of Public Prosecution (DPP) Noordin Haji.
The Directorate of Public Prosecutions, through lawyer Khawar Qureshi QC who has been hired from the UK to prosecute the case, argued that evidence of such a close relationship is what led the directorate to press charges against Ms Mwilu.
According to Haji, Mwilu’s account at the bank was opened after she acquired her first loan with the bank.
The loan had no documentation and was interest-free.
“The petitioner had a direct line with the managing director. She is a very privileged individual, who would secure a loan without documentation or interest,” said Qureshi.
“The relationship between the petitioner and the managing director is not at arm’s length. In this case, it is the director who called the shots.”
But while hitting back at the DPP and the Director of Criminal Investigations (DCI) George Kinoti, Mwilu’s lawyers argued that the plot to charge her was hatched by Haji and communicated in a letter to Mr Kinoti.
“The decision to prosecute was instigated by the DPP and predetermined by the DPP. The investigations were instigated by the DPP himself,” argued Mwilu’s lawyer Julie Soweto.
Director’s role
Lawyer James Orengo, also appearing for Mwilu, said the Anti-Corruption Act frowned at a corruption case that was being investigated by the police. “The intended charges are preposterous and should be halted as we have prayed for,” argued Mr Orengo.
The DPP argued that there was no evidence to show Mwilu negotiated the Sh70 million loan. Qureshi noted that Mwilu used a Judiciary’s letterhead to ask the bank to release her security for the loan.
“There is no single piece of paper where she negotiated. However, there is evidence on the role the director plays to make it easy for her to get the loan,” said Qureshi.
Lawyer Nelson Havi, appearing for Mwilu, argued that there was evidence to show she had two specific agreements with the Imperial Bank to pay the loan.
According to Mr Havi, there is a difference between a civil system and a criminal one. Havi said his client’s case was a civil one and should not be subjected to a criminal system.
