Blow to Mwilu in court case over Deputy CJ post
A Meru Court has temporarily barred Philomena Mwilu from serving as Deputy CJ and acting CJ pending determination of a case filed.
High Court Judge Patrick Otieno on Friday issued orders against Mwilu also serving as a judge of the Supreme Court, member of the Judicial Service Commission (JSC) and Ombudsman of the Judiciary.
“That a conservatory order is hereby issued against the first respondent restraining her continued occupation of the offices of the Deputy Chief Justice, Judge of the Supreme Court of Kenya, member of the Judicial Service Commission and Ombudsman of the Judiciary,” the order reads.
This follows an application by petitioner Isaiah Mbiti who accused Mwilu of abuse of office.
The orders remain in place until February 12, when the application will be heard.
In May 2019, a court ruled that Mwilu will not be tried over corruption allegations.
Mwilu got the reprieve after a five-judge bench ruled that the Director of Public Prosecution (DPP) Noordin Haji had no legal basis to indict her.
“The manner in which the Directorate of Criminal Investigations ( DCI) obtained the evidence of her bank accounts was illegal,” they ruled.
Justices Hellen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita and Francis Tuiyot further accused the investigating body of misusing and misinterpreting the court order
“The DCI violated her rights to privacy,” ruled the judges.
The DPP however said that he will appeal the High Court verdict blocking fraud and abuse of office charges against the DCJ.
The ruling came five months after the High Court ruled that British advocate Khawar Qureshi was properly appointed to appear in the proceedings against Mwilu.
Kenya had hired the British attorney to prosecute high-profile state corruption cases in an apparent bid by the government of President Uhuru Kenyatta to make its effort to fight graft more credible.