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President Uhuru is Behind My Woes, Embattled Deputy Chief Justice Philomena Mwilu Claims

John Wanjohi Sep 01, 2018

Embattled Deputy Chief Justice Philomena Mwilu has now linked President Uhuru Kenyatta to her woes.

In an affidavit filed at the High Court in a case where she is seeking to block her trial for abuse of office and other charges, the DCJ sensationally claims that President Kenyatta engineered her misfortunes.

The Star reports that the Lady Justice cites a number of remarks made by the President following the nullification of his victory in the August 8th, 2017 presidential elections.

Mwilu, who was among four judges that ruled in favor of annulment of Kenyatta's win, says the President's utterances were meant to harass and intimidate her.

"Immediately following the determination of the SCOK on September 1st last year, the President made public statements issuing both explicit and implicit threats against the majority judges who decided the outcome of the presidential petition. That is why I believe the impugned charges are not coincidental and appear to be part of a larger scheme to embarrass me, to expose me to ridicule and harassment," the DCJ stated in a sworn affidavit as quoted by the Star.

She particularly references an instance where the President promised to 'revisit' the landmark ruling that made Kenya's Supreme Court the first in Africa to invalidate a presidential election.

“We shall revisit this thing. We clearly have a problem…" the President was quoted as saying at the time. 

In nullifying the poll, four judges cited massive “illegalities and irregularities” and ordered a fresh election be conducted.

"The foregoing sequence of events provides the surrounding circumstances and the contextual backgrounds against which the conduct of the DPP, DCI and AG, whether jointly or severally, must be reviewed."

"Taken in their totality together with the frivolity of the charges now levelled against me, it is clear the impugned criminal proceedings have been commenced with an ulterior motive and are malicious," Mwilu further says in the affidavit.

Through lawyer Okong’o Omogeni, Mwilu says the criminal justice system was being used to settle scores and remove her from office.

"The charges brought against me, though fashioned as corruption and economic crimes, were in fact investigated and filed through the office of the Inspector General of Police, over whom the DPP exercises constitutional powers of control and direction..," she says.

"The allegations are premised on pending transactions pertaining to a loan advanced to me by the bank and which I continue to service. It is unreasonable and inconceivable that the Bank would raise criminal complaints against me when they have never addressed the matters with me through contractual relationship mechanisms," she adds.

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