Deputy Chief Justice Philomena Mwilu has claimed that the Judicial Service Commission (JSC) is biased in handling the petitions that are seeking her removal from office over alleged gross misconduct.
Though she is a member of the JSC representing Supreme Court judges, the DCJ says the commission also infringed her rights in admitting four petitions filed to hound her out of the Judiciary.
She says the commission admitted the petitions when it lacked rules to govern its business and contrary to its own regulations that prevent it from entertaining disputes that are proceeding in court.
The petitions at the JSC were filed by civilians Peter Kirika and Alexander Mugane in June 2019, and by Mogire Mogaka, in October 2018. The fourth was jointly lodged by the Office of the Director of Public Prosecutions and the Directorate of Criminal Investigations in 2019.
According to the petitioners, Justice Mwilu is unfit for public office due to corruption, failure to pay taxes, forgery and uttering a false document.
The petitioners also claim that the DCJ was involved in irregular sale and acquisition of property, and that her continued participation in judicial affairs is a mockery of the Constitution.
Their facts for removal of Justice Mwilu relate to a criminal case that was levelled against her in 2018 on improper dealings with Imperial Bank Ltd.
While addressing the High Court yesterday during the hearing of her case against the intended disciplinary proceedings, Justice Mwilu said she was also not afforded equal opportunity. The bench comprising of Justices Juma Chitembwe, Weldon Korir and Roselyne Aburili.
Through her legal team of seven lawyers led by James Orengo (Siaya Senator), the DCJ told the court that she raised a preliminary objection before the JSC but the objection is yet to be formally considered.
“The petitions at JSC cannot be entertained on the basis that the matter is sub judice,” lawyer Julie Soweto told the court.