I am guilty: Mwilu’s case

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With all the drama going on in our lives one man decided to participate in a court matter that is sensitive and could land him in jail for reasons only he knows and is indeed facing the consequences of his prank.

Appearing before Senior Principal Magistrate Martha Mutuku, accused Cosmas Mutua Daudi was charged with giving false information to a person employed in a public service involving Mwilu, a charge to which he pleaded guilty.

Prosecutors have accused the DCJ of abuse of office, accepting money in the form of a gift, failure to pay taxes, and obtaining by false pretext security belonging to Imperial Bank which was placed under receivership.

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“The evidence in our possession, reveals that: Lady Justice Mwilu abused her office for personal gain. Accepted a gift in the form of money in circumstances which undermined public confidence in the integrity of her office, conducted herself in disregard of the law. In view of the above, I have concluded that the evidence is sufficient with a reasonable prospect of conviction and it is in the public interest that criminal proceedings should be preferred,” said Director of Public Prosecution Noordin Haji.

The court directed Cosmas be detained until Tuesday, November 6, 2018 when the prosecution is set and presents the facts of the case in court before the accused is convicted and sentenced.

According to the Director of Criminal Investigations (DCI) George Kinoti, the accused had told police that on November 7, 2017, while walking along Makindu Road in Nairobi he was abducted by unknown people who demanded to be shown Mwilu’s home.

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“While walking along Makindu Road and junction of Riara Road, he alleged to have been stopped by three people who were riding on a motorcycle who stopped him and asked him to show them where his boss lived,” said Mr. Kinoti in a statement.

The suspect claimed to have refused to give the information to the three men who forced him to board their motorbike and took him to Adams Arcade before abandoning him at Muringa road.

“He alleged that he was forced to board their motorbike and was taken towards Adams Arcade then joined Elgeyo Marakwet road. They later abandoned him at Muringa road after he failed to show them the residence of the deputy chief justice,” the statement read.

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Mwilu

According to the DCI boss, investigations into the the alleged incident established that Mutua lied to the police and that there was no such incident which police had recorded under OB. No. 44/8/11/2017.

In an urgent application filed on Friday, Haji through senior prosecuting counsel Lilian Ogwora argued that the petition by Mwilu raises several substantial questions of law and public importance and should be heard by more than one judge.

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Judges from left William Musyoka, Mumbi Ngugi, Hellen Omondi, Francis Tuiyot and Chacha Muita

A five-judge bench today set a date to begin hearing the case filed by the Director Public Prosecutions Noordin Haji concerning the trial of Deputy Chief Justice (DCJ) Philomena Mwilu.

The bench that comprises Justices Helen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita and Francis Tuiyot will begin hearings on December 6 this year.

Why do think Cosmas decided to lie?

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