I wasn’t thinking when I accused Judge of soliciting bribe

May 11, 2016 6:09 pm
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Rose Mbithe Mulwa, on Wednesday told the tribunal empanelled to investigate the allegation - among others levelled against Mutava - that he “never” asked her for a bribe/FRANCIS MBATHA
Rose Mbithe Mulwa, on Wednesday told the tribunal empanelled to investigate the allegation – among others levelled against Mutava – that he “never” asked her for a bribe/FRANCIS MBATHA

, NAIROBI, Kenya, May 11 – A businesswoman who had accused Justice Joseph Mutava of soliciting a Sh2.5 million shilling bribe on behalf of another judge, Leonard Njagi, now says she wasn’t “thinking” when she made the accusation.

The businesswoman,  Rose Mbithe Mulwa, on Wednesday told the tribunal empanelled to investigate the allegation – among others levelled against Mutava – that he “never” asked her for a bribe and instead told her, “you can’t buy justice.”

When put to task by Lead Assisting Counsel Nazima Malik on her change of story, Mulwa turned hostile and amid tears accused Malik of treating her like a “dog,” and “shit.”

She did however admit to being acquainted with Mutava’s wife, Jessica Mbalu, whom she said had sought an introduction to former Vice President Kalonzo Musyoka’s wife in an effort to secure a nomination to Parliament; she is now the Member of Parliament for Kibwezi East having been elected on Kalonzo’s party ticket.

“I deal with politicians, I am a Pastor, I am everything,” she told the Justice David Magara chaired tribunal.

Prior to attempting to clear Mutava’s name, Mulwa had her guns aimed at tribunal member David Majanja whom she accused of impropriety in his handling of the property dispute that Njagi had handled before him and from which the allegation that he had solicited a Sh2.5 million bribe arose.

Despite her change in testimony, Mulwa maintained that Senior Counsel Ahmednasir Abdullahi had first solicited Sh4 million, then between Sh20-30 million and later Sh120 million to “assist” her in having the property dispute resolved in her favour.

She testified that Abdullahi did the alleged soliciting through a gentleman she identified as Rashid Hussein.

READ: Grand Mullah adversely mentioned in Justice Mutava probe

Following her testimony Maraga said Abdullahi who had expressed an interest in responding to the allegations before the tribunal, was free to do so.

Mulwa wasn’t the only one to change her testimony on Wednesday. Judiciary Ombudsman Kennedy Bidali, despite telling the Judicial Service Commission otherwise, testified that Mulwa did not tell him him that it was Mutava who sought the Sh2.5 million bribe on behalf of Njagi but an unidentified “go-between.”

In fact, Mulwa denied ever being questioned by Bidali on the affair.

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