Court suspends orders against Mwilu ahead of hearing in Meru

A judge has temporarily lifted orders barring Deputy Chief Justice Philomena Mwilu from occupying her office.

Justice Patrick Jeremy Otieno said the suspension will be in place for 11 days, after which all parties in the matter will be heard at the Meru High Court.

Earlier on Monday, Justice Mwilu filed an urgent application seeking to suspend the decision barring her from occupying her office and discharging her duties as the acting Chief Justice.

In the petition before the High Court in Meru, she further sought orders for the case by lawyer Isaiah Mwongela to be transferred to Nairobi for hearing. 

Justice Otieno on Friday threw the Judiciary into disarray after issuing orders restraining Justice Mwilu from occupying her office and discharging her duties as acting CJ.

He issued orders suspending the DCJ as a judge of the Supreme Court and barred her from carrying out her duties as a member of the Judicial Service Commission (JSC).

The judge further restrained Justice Mwilu from occupying the office of the Judiciary Ombudsman pending the determination of a case filed by one Isaiah Mwongela.

The petitioner says he has evidence that provided sufficient grounds for instituting criminal proceedings against Ms Mwilu, hence her unfitness to continue holding office.

In a sworn affidavit, Mr Mwongela, who hails from Maua, Meru County, says he filed the petition in public interest.

The decision caused confusion as the DCJ, or indeed any other judge, can only be removed from office through a decision by a tribunal appointed by the President to investigate her conduct.