Deputy Chief Justice Philomena Mwilu abused her office for personal gain and received a bribe, Director of Public Prosecutions Noordin Haji has said.
“The evidence reveals that Mwilu accepted a gift in terms of money undermining public confidence in the integrity of her office and the unlawful failure to pay taxes,” he said.
Addressing the media on Tuesday, Haji said Mwilu also obtained execution of a security belonging to Imperial Bank Limited now in receivership by false pretence.
“Our country is being torn apart by people who have been placed in positions of trust and who in turn abuse this trust,” he said.
Haji said investigating and punishing wrongdoing is difficult and painful, but noted that it has to be done.
“Those in positions of service must not only submit to the Constitutional precepts of integrity, they must exercise wisdom, demonstrate good judgement and lead by the power of their example,” he said.
He said that after the DCI forwarded a file relating to Mwilu, he quickly informed the Chief Justice David Maraga of his decision.
“This was out of respect for him and he went ahead and granted consent for the arrest and prosecution,” he said.
Haji said criminal proceedings would be preferred on Mwilu adding that the decision was not taken lightly.
“It is the right decision under the law. I believe that judges in a democracy such as ours must be free and fair in everything that they do,” he said.
“Indeed, the precepts and principles of the constitution must be our guide at all times.”
The DPP said the justice system only works if lawyers, prosecutors, magistrates and judges are fair and just.
“There can be no justice if lawyers, prosecutors, magistrates, judges and investigators (who are court officials) use their position to enrich themselves at the expense of the Kenyan people,” he added.
Earlier, Mwilu was arrested at Supreme Court in Nairobi over alleged corruption.
Judge Mwilu was taken to the Directorate of Criminal Investigations for processing before being arraigned in court.
