Kenya Insights

Tag: DCJ Mwilu

  • Deputy CJ Mwilu Adversely Mentioned in Sh6M Supreme Court Judge Bribery Scandal Exposed By Ahmednasir

    Deputy CJ Mwilu Adversely Mentioned in Sh6M Supreme Court Judge Bribery Scandal Exposed By Ahmednasir

    Senior Counsel’s corruption allegations against unnamed Supreme Court judge now directly implicate Deputy Chief Justice Philomena Mwilu in KES 4 million bribery scheme

    Deputy Chief Justice Philomena Mwilu has been directly implicated in a KES 4 million bribery scandal involving a Supreme Court judge, according to explosive allegations made by prominent lawyer Ahmednasir Abdullahi SC.

    The stunning revelation emerged during a heated exchange on social media, where Dr. Ekuru Aukot, a constitutional lawyer, publicly confronted Ahmednasir about his earlier corruption exposé, demanding he name the judge he had accused of taking bribes.

    In a categorical response that has sent shockwaves through Kenya’s legal fraternity, Ahmednasir stated that the judge in question is “DCJ Philomena Mwilu of the Supreme Court of Kenya,” marking the first time he has directly named a sitting Supreme Court judge in his ongoing corruption allegations.

    Screenshot.
    Screenshot.

    The bribery allegations

    According to Ahmednasir’s social media posts, which have garnered significant public attention, a Supreme Court judge received KES 4 million from a lawyer and client to influence an appellate court decision.

    However, when the case did not go in favour of the bribe-givers, the judge allegedly refunded the money.

    “The judge paid the last instalment of KShs 1 million over the weekend,” Ahmednasir claimed in his latest post, suggesting that KES 3 million had been previously refunded, with the final KES 1 million payment completing the refund process.

    The senior counsel indicated that he was closing the matter after receiving the refund, but noted that his legal fees for recovering the money from the judge remained outstanding.

    “My fee is recoverable from the judge and not the innocent Kenyan who was forced to give a bribe,” he stated.

    Judiciary’s retaliatory response

    The timing of these specific allegations against Deputy CJ Mwilu is particularly significant, coming just days after the Office of the Chief Registrar requested Ahmednasir’s investigation and possible prosecution for his corruption exposés.

    In a letter dated May 20, 2025, addressed to Director of Public Prosecutions Renson Ingonga, Chief Registrar Winfridah Mokaya accused Ahmednasir of making “repeated and unfounded allegations of judicial corruption via social media” without formally reporting the claims to relevant investigative authorities.

    The letter warned that such unsubstantiated public allegations could undermine public trust in the judicial system and potentially constitute criminal conduct under Kenyan law.

    Ahmednasir’s defiant response

    Responding to the Judiciary’s move, Ahmednasir has remained defiant, accusing the institution of engaging in cover-ups rather than addressing corruption within its ranks.

    “Instead of investigating the matter and arresting the Judge of the Supreme Court who took a bribe of Sh6 million in a case before the Court of Appeal, she [Chief Registrar] has the audacity to write to the Public Prosecutor for my investigation and ask for my arrest!” he exclaimed.

    The senior counsel has questioned the competence of Chief Registrar Mokaya, accusing her of shielding judicial officers implicated in corruption.

    He also raised questions about the legitimacy of the letter requesting his prosecution, asking why Mokaya did not personally sign the correspondence.

    Mwilu’s troubled tenure

    The bribery allegations add to Deputy Chief Justice Mwilu’s mounting legal troubles.

    She is already facing renewed calls for removal from office following accusations of constitutional overreach in the Rigathi Gachagua impeachment case.

    A petition lodged with the Judicial Service Commission by Nairobi-based petitioner Belinda Egesa claims that Mwilu unlawfully empanelled a High Court bench to hear the case challenging Professor Kithure Kindiki’s swearing-in as Deputy President—an authority strictly reserved for Chief Justice Martha Koome.

    This marks the third attempt to unseat Mwilu, who previously survived allegations of misconduct in 2021.

    The direct naming of Deputy CJ Mwilu in the bribery scandal represents a significant escalation in the ongoing confrontation between Ahmednasir and the Judiciary.

    The senior counsel has been a persistent critic of judicial corruption and was previously barred by the Supreme Court from litigating before it over similar attacks on the institution.

    The allegations have attracted support from other legal professionals, with some calling for Mwilu to be named and shamed.

    However, the claims remain unsubstantiated by formal investigation, and no official charges have been filed.

    These developments occur amid broader scrutiny of Kenya’s Judiciary, which continues to face corruption allegations from high-profile legal professionals, including former Law Society of Kenya President Nelson Havi.

    The case has also drawn attention to the reference to legal precedents, with Ahmednasir citing “three judgments delivered by Judge Azdak in Bertolt Brecht’s play, The Caucasian Chalk Circle” in justification of his actions—a literary reference that underscores the dramatic nature of the unfolding controversy.

    At the time of publication, the Office of the Director of Public Prosecutions had not issued a statement in response to the Judiciary’s request for action against Ahmednasir.

    Deputy Chief Justice Mwilu’s office has also not responded to requests for comment on the bribery allegations.

    The controversy continues to unfold, with significant implications for public trust in Kenya’s highest judicial institutions and the ongoing debate about accountability within the country’s justice system.

    This is a developing story. We will continue to monitor and report on new developments as they emerge.

  • Petition Filed for the Removal of DCJ Mwilu from Office Over Gachagua’s Impeachment Case

    Petition Filed for the Removal of DCJ Mwilu from Office Over Gachagua’s Impeachment Case

    Deputy Chief Justice Philomena Mwilu faces a fresh ouster bid following allegations of gross misconduct related to the impeachment case of former Deputy President Rigathi Gachagua.

    The petition, filed Tuesday at the Judicial Service Commission (JSC), accuses DCJ Mwilu of usurping powers constitutionally reserved for Chief Justice Martha Koome.

    Nairobi resident Belinda Egesa, through her lawyers at Bashir & Associates Advocates, filed the petition just two weeks after Mwilu and six other Supreme Court judges received a reprieve in a separate misconduct case.

    The High Court had previously halted the JSC from initiating disciplinary proceedings against them.

    The petition centers on last week’s Court of Appeal verdict which ruled that DCJ Mwilu acted unlawfully when she assigned Justices Erick Ogolla, Anthony Mrima, and Fridah Mugambi to a High Court case in Kerugoya.

    That case, filed by two Kirinyaga residents, challenged the swearing-in of Professor Kithure Kindiki as Deputy President following Gachagua’s impeachment.

    “The Deputy Chief Justice acted in excess of her mandate under Article 165(4) by unlawfully empanelling a High Court bench on October 18, 2024.

    This was a direct usurpation of the Chief Justice’s constitutional role,” the petition states.

    According to the Court of Appeal’s ruling, the Mwilu-appointed bench—which ultimately allowed Prof. Kindiki to be sworn in as Deputy President—was illegally constituted because Mwilu lacked the authority reserved for the Chief Justice.

    Petitioner Seeks Removal from Office

    Based on the Court of Appeal’s findings, Egesa wants the JSC to investigate Mwilu for alleged gross misconduct, incompetence, and violations of the Constitution, potentially recommending her removal from office to the President.

    “The consequence of the unconstitutional conduct of the Deputy Chief Justice in improperly empanelling the bench of three Judges resulted in setting aside of the conservatory orders in Kerugoya High Court, thus greenlighting the swearing-in of Prof. Kindiki as the Deputy President replacing Mr. Gachagua. These events cannot be practically reversed, resulting in a crisis of legality and institutional integrity,” argues Egesa in her petition.

    The petition further alleges that Mwilu violated the Judicial Service Code of Conduct and Ethics Regulations 2020, specifically regulations 9, 11, and 13, which involve impartiality, integrity, and accountability of judges.

    “The Deputy Chief Justice failed to carry out the duties of her office with impartiality and objectivity including administrative duties,” states the petition.

    Egesa contends that Mwilu’s actions have “placed the Judiciary in disrepute” and “eroded public confidence in the Judiciary.”

    Third Ouster Attempt

    This marks the third time DCJ Mwilu has faced removal proceedings stemming from high-profile cases.

    In November 2021, she survived an ouster attempt when a three-judge bench of the High Court thwarted efforts by then-Director of Public Prosecutions Noordin Haji and Director of Criminal Investigations George Kinoti to remove her from office over allegations of corruption and misconduct.

    The new petition relies heavily on the Court of Appeal’s finding that “indubitably, we find and hold that there was no evidence that the Deputy Chief Justice was the acting Chief Justice or that there existed exceptional circumstances that permitted the Deputy Chief Justice to exercise the mandate constitutionally reserved for the Chief Justice by Article 165(4) of the Constitution.”

    The JSC has yet to respond to the petition or announce when it will begin investigating the allegations against the Deputy Chief Justice.

  • How Mwilu, Wanjala will exit Supreme Court

    How Mwilu, Wanjala will exit Supreme Court

    The incoming Chief Justice Martha Koome’s first assignment upon assuming office will be to overhaul the Supreme Court bench by executing  the plot to kick out Deputy Chief Justice Philomena Mwilu and Justice Smokin Wanjala.

    The two including the retired CJ David Maraga and Justice Isaac Lenaola rubbed the system the wrong way through a majority ruling which annulled the re-election of President Uhuru Kenyatta in 2017 and ordered IEBC to conduct fresh presidential polls.

    But the then ruffled Uhuru vowed to revisit the issue and fix the Judiciary by uprooting the judges who reversed his win after the repeat polls which his main challenger Raila Odinga kept away from.

    The bad blood between the president and the Judiciary was showcased in the run up to Maraga’s retirement including starving the judiciary of funds and the refusal by the president to swear in judges appointed by Maraga.

    DCJ Mwilu has also been embroiled in multiple charges of corruption which pundits have argued was a plot to bar her from succeeding Maraga who retired on January 15 2021.

    In December last year activist Okiya Omtatah petitioned the High Court to stop Deputy Chief Justice Philomena Mwilu from ascending to the position of Chief Justice despite meeting a nice cut to succeed Maraga.

    Omtatah wanted the court to stop Mwilu from assuming the seat even in an acting capacity, until she is cleared of the graft allegations and abuse of office charges she is facing.

    Reliable sources now reveal that Supreme Court will undergo a major f’therapy’ where only Justice Njoki Ndung’u is expected to survive because she is pro-system and Justice Isaac Lenaola because he comes from a minority community.

    Troubled Mwilu and Justice Mohammed Warsame are also linked to cartel of lawyers including Paul Muite, Makau Mutua, Ahmednassir Abdullahi, and Law Society of Kenya president Nelson Havi who are backing William Ruto’s presidential bid.

    Koome who is already in a war of words with the LSK president will be tasked to tame the gang which has been in the corridors of justice since the days of former Chief Justice Willy Mutunga.

    Martha Koome, incoming chief justice of Kenya [p/courtesy]
    JSC Chairperson Olive Mugenda was to ensure that Koome ‘beat’ all other candidates including her boss at the Court of Appeal, Justice William Ouko who is expected to become a supreme court judge to please Raila Odinga and his ODM luminaries.

    But once Mwilu is removed, Justice Ouko can be nominated for the DCJ position to calm the Luo community which is yet to reap the fruits of the handshake between  President Uhuru Kenyatta and Raila Odinga.

    The math was deliberately complicated in favor of Koome after Justice Ouko was betrayed by JSC commissioner AG Paul Kihara who awarded him 46% while commissioner Njeru Macharia awarded him some 42% to lock him out

    But as a sitting Chief Justice, Koome can ask Mwilu to resign or she can advise the president to form a tribunal to investigate and remove her from the DCJ position.

    Koome will also represent Supreme Court at the JSC which will have a majority of Uhuru allies to approve the removal of Mwilu over the graft cases she is facing.

    Supreme Court Judge Smokin Wanjala [p/courtesy]
    Embattled Mwilu was recently denied powers to chair the panel which interviewed the CJ in preference of Mugenda who is pro -establishment while  Justice Wanjala’s troubles emanate from annulling Uhuru’s win and his bad conduct.

    In February 2021, a video of a visibly intoxicated Wanjala giving his speech and bragging over his academic qualifications at the burial of Rtd. Justice Lawrence Peter Ouna in Busia County made rounds on social media.

    “I am well learned. I went to university and attained a degree. I also undertook my masters at Columbia University. I learnt English and I am a fluent speaker,” Wanjala said.

    But the hasty announcement of Koome as the nominated CJ and the president’s move to quickly forward her name for rubber stamping by the parliament looks suspect. The president who had refused to appoint judges wanted Koome’s name to sail through before anyone could challenge her nomination in court.

    Uhuru claimed that the judges nominated by Maraga were corrupt but did not say the same of Koome who has been accused of being part of a judicial conspiracy that defeated electoral justice in 2017.

     

     

  • Deputy Chief Justice Philomena Mwilu Closed Irregular Property Deals Worth Sh315M On The Back Of Imperial Bank’s Collapse

    Deputy Chief Justice Philomena Mwilu Closed Irregular Property Deals Worth Sh315M On The Back Of Imperial Bank’s Collapse

    There are new mega revelations in a petition to sack Kenya’s second senior most Judge.

    Deputy Chief Justice Philomena Mwilu closed irregular property deals worth Sh315 million with the collapsed Imperial Bank.

    Justice Mwilu secured all these multimillion loan dealings just 3 months before Imperial Bank was put on receivership.

    Imperial Bank was placed under receivership in October 2015, after its board alerted Capital Markets Authorities of suspected malpractices.

    She acquired Properties through backdoor deals that have now been linked to tax evasion by DPP’s prosecution team.

    The embattled DCJ, Mwilu, sold the three parcels of land for Sh315 million, in fictitious deal made between March 2016 and July 2016.

    According to DPP, Justice Mwilu backdoor property deals doubled her returns from Sh155 loan from Imperial Bank to sh 315million.

    Our sources working under DPP revealed to us that Justice Mwilu did not pay capital gains tax on the return of the land.

    She also failed to pay stamp duty of four per cent on value of the land she had bought via Imperial Bank between December 2014 and March 2016 for Sh160 million.

    According to DPP investigators, Justice Mwilu’s Sh132 million loans were granted interest free without written applications.

    Justice Mwilu did not appraise her creditworthiness for interest free loans that were granted using letters with Judiciary letters head.

    According to evidence in DPP’s possession, Justice Mwilu also fraudulent recovered securities of the said loans and sold them at a profit that directly led to losses of Sh60 million at the collapsed Imperial Bank.

    This is has been proven without doubt that Mwilu used her position at the Judicial office to improperly enrich herself.

    Justice Mwilu bought two plots in Nairobi for Sh80 million in December 2014.

    1. Plot ref number 3734/202

    2. Plot ref number 3734/209

    Mwilu later on used the two properties as security for a Sh60 million long-term loan.

    It has also been revealed that Justice Mwilu took another short-term loan of Sh60 million for purchase of half-acre property registered under 3734/1129.

    She successfully used it as substitution of the earlier loan security, leading to release of her two plots.

    According to DPP, Justice Mwilu sold all the properties for Sh315 million. She only cleared the Sh65 million and failed to offer Imperial Bank property 3734/1129 as security.

    “The respondent clearly had no intention of charging the said property to Imperial and thus obtained said securities by making false representations,” reads DPP’s statement.

    This is coming at a time when three appellate Judges had just overturned a decision of the High Court barring the CMA from investigating circumstances under which Imperial Bank proceeded with a bond despite insider knowledge it was at the collapsing edge.

    Justices Erastus Githinji, Daniel Musinga and Otieno Odek ruled that CMA is empowered to investigate and take enforcement actions against liable Imperial Bank Directors.

    Imperial Bank directors in question and now being pursued are Alnashir Popat, Omurembe Iyadi, Jinit Shah, Anwar Hajee, Hanif Somji and three others junior members.