THE STANDARD
NAIROBI
Justice Patrick Otieno had issued temporary orders barring Mwilu from office. [Wainaina Ndung’u, Standard]
A civil society group has come to the defence of acting Chief Justice Philomena Mwilu in a suit seeking to bar her from holding office.
Kituo Cha Sheria yesterday filed an urgent application at the High Court in Nairobi arguing that the case by Isaiah Mwongela that led to Justice Mwilu being temporarily barred from office has far-reaching consequences that would affect operations at the Judiciary.
Through lawyer John Mwariri, the group wants Mwongela’s case transferred from Meru and placed before a three-judge bench in Nairobi that is hearing a similar case challenging Mwilu’s integrity and suitability to be the Deputy Chief Justice and acting CJ.
THE STANDARD
Acting Chief Justice Philemona Mwilu (pictured) yesterday obtained temporary relief after the High Court in Meru set aside orders barring her from discharging her duties owing to an unresolved disciplinary case.
The High Court moved to forestall a crisis in the Judiciary by lifting an order that had been issued by the same court last Friday, which prohibited Mwilu from discharging her duties as Deputy Chief Justice, judge of the Supreme Court and member of the Judicial Service Commission (JSC).
Three days ago, Meru High Court Judge Patrick Otieno had issued the orders compelling the DCJ to step aside. Now the new orders mean that Justice Mwilu will continue to serve in her role as the acting Chief Justice and President of the Supreme Court.
Court lifts order barring deputy CJ Mwilu from office
Monday February 01 2021
Deputy Chief Justice Philomena Mwilu delivers her remarks during the Council of Governors luncheon at Movenpick Hotel in Nairobi on January 29, 2021. PHOTO | NMG
By SAM KIPLAGAT
Summary
Justice Patrick Jeremy Otieno said the suspension will be in place for 11 days, when all parties will be heard at the Meru High Court.
A judge has temporarily lifted orders barring Deputy Chief Justice Philomena Mwilu from occupying her office as head of the judiciary and judge of the Supreme Court.
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.
THE STANDARD
Acting CJ Philomena Mwilu during the election of Council of Governors Chair. [Edward Kiplimo, Standard]
The Judiciary has been thrown into a crisis after a judge temporarily stopped Deputy Chief Justice Philomena Mwilu from holding office.
In an unprecedented move, Meru High Court Judge Patrick Otieno ordered Justice Mwilu to step aside pending determination of a suit filed by Mwongela Isaiah Mbiti.
“A conservatory order be and is hereby issued restraining Justice Mwilu’s continued occupation of the office of the DCJ, judge of the Supreme Court, member of the Judicial Service Commission and Judiciary Ombudsperson pending determination of the suit,” ruled Justice Otieno.
A Meru High Court has issued orders restraining Deputy Chief Justice Philomena Mwilu from holding her office or acting as Chief Justice, until a case filed by a Meru resident is heard and determined.
Justice Patrick Jeremy Otieno also restrained Justice Mwilu from sitting in the Judicial Service Commission (JSC) and being a member of the Ombudsperson of the Judiciary until the case filed by one Isaiah Mbiti Mwongela is concluded.
The decision to bar the DCJ from sitting in the JSC stops her from participating in process of selecting the CJ to succeed David Maraga, which is expected to begin after applications close on February 10.