“The Chief Registrar of the Judiciary and the Attorney General are aware of this requirement but they too failed to advice the DCJ and have also failed to take any action to ensure compliance with Article 74 of the Constitution,” swore Omtatah.
Should Omtatah’s case succeed, all the official functions Mwilu has performed as acting CJ will be nullified.
Some of the duties she has performed since January 13 as acting CJ include swearing-in of Judicial Service Commissioner Everlyne Olwande, opening court stations and appointing High Court judges to hear constitutional petitions.
Omtatah submitted that the DCJ’s continued performance of duties reserved for the CJ is setting bad precedence for the public.