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Wednesday, October 27, 2021

Reprieve for Mwilu as Courts halts ouster Office

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Deputy Chief Justice Philomena Mwilu can continue acting as Chief Justice after a court issued stay orders against the enforcement of a ruling barring her from office until February 12.

Mwilu’s lawyers on Monday filed a suit seeking to set aside an order stopping her from discharging her duties as the acting CJ, a member of the Judicial Service Commission (JSC) and the Judiciary Ombudsman.

The application was certified as urgent by the deputy Registrar of the High Court in Meru.

The stay orders will be enforce until February 12, which is the date set for the hearing of the application.

Justice Mwilu had said the order stopping her from work amounts to judicial terror and one given without benefit of relevant and material facts before the court.

“The drastic orders obtained ex parte are an egregious act of judicial terror and oppression obtained fraudulently and illegally through non-disclosure of relevant and material facts and are inimical to the rule of law and fair and constitutional administration of justice,” said justice Mwilu.

She questioned the motive behind filing the case against her before Meru court when all the parties involved reside in Nairobi.

Judge Jeremy Otieno sitting in Meru on Friday made four decisions against justice Mwilu, effectively suspending her as Deputy Chief Justice, Judge of the Supreme Court, a member of the Judicial Service Commission and Ombudsman of the Judiciary.

This also means that justice Mwilu will cease to act as CJ and chairperson of the JSC, twin powerful roles she took over following Maraga’s retirement a fortnight ago.

The conservatory order issued in Meru was made following an application by Mbiti who cited four abuse of office charges pending against Mwilu at the JSC.

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