Mr Mogire Mogaka has filed a petition before the JSC, arguing that Justice Mwilu’s dealings with Imperial Bank and funds received from a shadowy Ugandan firm have rendered her unfit to hold public office.
The JSC received the petition on Friday. Justice Mwilu is set to appear before High Court Judge Enoch Chacha Mwita on Tuesday, to argue why her planned prosecution should be suspended until he has determined her case.
The DCJ filed a petition last month to stop her planned prosecution, and obtained a temporary order saving her and lawyer Stanley Kiima from being charged until October 9.
She argues that the planned prosecution is a retaliation by President Uhuru Kenyatta, who publicly expressed his anger at judges who ordered a fresh presidential election last year and promised to “revisit” their actions.
But Director of Public Prosecutions Noordin Haji insists he has enough evidence to have Justice Mwilu convicted for abuse of office, illegally recovering a loan security from collapsed Imperial Bank, tax evasion and forgery of stamp duty documents.
In his petition to the JSC, Mr Mogire holds that Justice Mwilu violated laws that require public officers to avoid questionable dealings, whether in their personal or official capacity.
He argues that the judge’s dealings with Imperial Bank — such as receiving interest-free loans — shows she may have used her position to gain an advantage over ordinary citizens.
Mr Mogire has also faulted the judge’s receipt of Sh80 million from Uganda’s RAEI Investments Limited Kampala, which sent her money from its Crane Bank account.
Incidentally, Crane Bank also collapsed in October 2016, just one year after Imperial Bank.
“The DCJ got an unsecured loan of Sh80 million. It is now clear why Imperial Bank collapsed and many Kenyans are suffering. Justice Mwilu is not fit to be the Deputy Chief Justice. She has clearly failed in the integrity test,” Mr Mogaka says.
Just last month, Mr Mogaka launched a separate assault on Justice Mwilu’s boss, over his failure to swear in new JSC commissioners.