The DCI and DPP have powers to investigate and prosecute. Judicial officers — magistrates and judges — are no exception.
However, there’s a precedent. Unless it’s a crime of a personal nature causing bodily harm or anything requiring immediate police action — as for GBM Kariuki — all other cases have been handled through the Judicial Service Commission.
The case of DCJ Nancy Baraza, which was essentially a criminal complaint, was not pursued through the DCI. The JSC itself picked it, reviewed it and recommended formation of a tribunal. This was also the case for Justices Joseph Mutava and Philip Tunoi.
This was a big surprise because of the manner in which DCJ Philomena Mwilu was raised in the Daily Nation for the last three days. The reports tended to indicate the DCI was investigating a very serious crime of abuse of office, corruption and tax evasion.
However, the charge is a clear case of commercial transaction between a judge and a bank.
Therefore, it’s baffling why the DCI decided to take such a serious case that had the effect of demeaning the DCJ’s office. It was neither a serious nor a criminal matter.
From what we’ve reviewed, this is clearly a civil dispute between Imperial Bank, which is under receivership, and the judge.
Further, the properties she is claimed to have purchased without paying stamp duty were all acquired before she became DCJ. By the time she was being vetted, she received clearances from KRA, EACC and the DCI.
I highly doubt they lacked capacity to unearth these alleged crimes. Or does it mean the crimes were not there, and have just been created?
Graft must be fought to extinction. But you cannot fight impunity with impunity. At this rate, independent institutions will be misused.
Here it appears the DCI and the DPP have been working in cahoots. Yet, one is suppose to investigate and the other look at the investigations and make an independent decision. When they work together, where is the objectivity?
Lawyer Nelson Havi
As Published in the Star
dan nanyuki says
corruption is corruption big or small period, whether its today ,yesterday or 6years ago when discovered it still is corruption we must fight it. DPP must bring all currupt to charges
Anonymous says
Yes corruption must be fought but this fight should not be weaponised (borrowing from Ndii) to serve political ends. You do not just walk into the institution like the judiciary and flex muscles. You deal with them following strategic process that does not demean that citadel of justice. Why not use the evidence to remove her through the JSC then pursue her through the courts instead of dragging the whole judiciary through this? If this is how Uhuru intends to lead this fight, then it will crumble soon. I shudder to think what will happen should it crumble, the retribution of emasculated opponents will be ruthless. We need to win this fair and square.
Anonymous says
It is just revisiting of Uhuru
Anonymous says
Here Kenyans have a huge problems with both wameru and Wasomali DCI chief kimnot and DPP Msomali wote wamepakana mipaka the are Jirani how comes these Mogotio Buzi tribe unite to harass Kenya business community.The two should be removed and sent to other duties Tumechoka nao.
Anonymous says
Uhuru and the cabal around him do not know how to lie properly. Kenyans remember the embarrassing itch.