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“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. ....
THE STANDARD NAIROBI DCJ Philomena Mwilu at a Milimani court. [George Njunge, Standard] The High Court sitting in Meru has given Deputy Chief Justice Philemona Mwilu up to March 4 to continue acting as head of Judiciary in a case filed by a petitioner. Isaiah Mwongela is seeking to have Mwilu stopped from acting as Judiciary head, Supreme Court judge and chair of the Judicial Service Commission (JSC) due to cloud of integrity issues hanging over her head. The petitioner was first granted orders against Mwilu on January 29 by Justice Patrick Jeremy Otieno who on the February 1 temporarily suspended those orders for 11 days after Mwilu filed an urgent application seeking to suspend the decision barring her from occupying her office and discharging her duties as the acting Chief Justice. ....
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. ....