THE STANDARD
NAIROBI
Deputy Chief Justice Philomena Mwilu (left) and Chief Registrar of Judiciary Anne Amadi when they visited the Lang ata Women s Prison in 2017. [File, Standard]
The Judicial Service Commission (JSC) wants the court to throw out a case filed in Meru, seeking to have acting Chief Justice Philomena Mwilu step aside as it hears petitions against her.
In its reply to the case filed before the High Court in Meru, the Commission, through its Secretary Anne Amadi, opposed the case filed by Mwongela Mbiti, but tells the court that it needs to urgently settle four cases filed for her removal to avert a looming crisis.
THE STANDARD By
Paul Ogemba |
February 12th 2021 at 00:00:00 GMT +0300
The Judicial Service Commission (JSC) has constituted a five-member selection panel to begin assessing 13 applicants seeking to fill the position of Chief Justice.
The commission embarked on the process as people wondered why top lawyers, legal scholars and senior judges failed to apply for the top judicial job.
It was widely thought that the current Supreme Court judges would top the list of those seeking the CJ’s position, but none of the five judges applied including DCJ Philomena Mwilu who has been acting as the CJ since Justice David Maraga’s retirement in January.
New suit seeks direction on bid to remove acting CJ Mwilu
Tuesday February 09 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
Under certificate of urgency, Kituo cha Sheria says a case filed by Activist Okiya Omtatah, in Nairobi and another case filed Isaiah Mwongela in Meru, raise similar issues and the courts might end up issuing conflicting decisions.
The NGO said the orders sought in both cases have the potential of crippling the administration of justice subsequently hindering access to justice. According to the NGO, the court should give directions before any orders are issued.
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.