Court allows Mwilu to continue serving as acting CJ
Acting Chief Justice Philomena Mwilu at the Supreme Court of Kenya on January 11, 2021.
What you need to know:
- Ms Mwilu, through lawyers James Orengo, Julie Soweto and Mutula Kilonzo Jr, had insisted that the case filed by Mr Mwongela was similar to that by Mr Omtatah, thus a waste of the court’s time.
The High Court in Meru has extended orders allowing Deputy Chief Justice Philomena Mwilu to continue serving as acting CJ, pending the hearing and determination of a case seeking her removal from office.
Justice Patrick Jeremy Otieno also directed that a case filed by Kituo Cha Sheria in support of Ms Mwilu and another by activist Okiya Omtatah be enjoined with the one by Mr Isayah Mwongela.
The matter will heard at the High Court in Meru on March 4, Justice Otieno said.
Lawyers Mutula Kilonzo Jr, Julie Soweto and James Orengo, Esther Ang’awa, Nelson Havi and Caroline Kamende follow the proceedings in a case by Isayah Mwongela, against Deputy Chief Justice Philomena Mwilu, at the Meru Law Courts on February 12, 2021.
Ms Mwilu, through lawyers James Orengo, Julie Soweto and Mutula Kilonzo Jr, had insisted that the case filed by Mr Mwongela was similar to that by Mr Omtatah, thus a waste of the court’s time.
But Mr Mwongela’s lawyer Marius Maranya demanded that Mr Omtatah be called to explain his case.
Consequences
Kituo Cha Sheria argues that dismissing Ms Mwilu would have negative consequences to the Judiciary.
Through its lawyer John Khaminwa, Kituo Cha Sheria says the now vacated orders restraining Ms Mwilu from holding her office issued by Justice Otieno contravenes the Constitution.
Justice Otieno on January 29 also restrained Ms Mwilu from sitting in the Judicial Service Commission (JSC) and being a member of the Judiciary ombudsman until the application is heard and determined.
However, the Deputy CJ obtained counter orders, allowing her to continue playing her role as acting CJ until a substantive appointment is made.
Lawyers Mutula Kilonzo Jr, Marius Maranya and James Orengo chat outside the Meru Law Courts on February 12, 2021 after the hearing of a case by Isayah Mwongela against Deputy Chief Justice Philomena Mwilu.
Mr Mwongela says he has sufficient grounds for instituting criminal proceedings against Ms Mwilu.
In a sworn affidavit, he says criminal case facing Ms Mwilu and another at a city court as bases for her removal.
According to the case filed under the Anti-Corruption and Economic crimes Act, Ms Mwilu used her office to improperly confer herself Sh12million.
Prosecutors say Ms Mwilu committed the offence at Imperial Bank headquarters Ltd headquarters in Westlands Nairobi, between August 15 and October 23, 2013.
