The Justice and Legal Affairs Committee brushed aside objections by Kandara MP Esther Wahome to approve the nomination of judge Philomena Mwilu as Deputy Chief Justice.
The National Assembly will today approve or reject the recommendations by the House Committee chaired by Ainabkoi MP Samuel Chepkonga.
If approved by MPs her name will be forwarded to the President for subsequent appointment and swearing in.
Wahome had opposed Mwilu’s nomination, saying she received Sh3 million to dismiss an election petition the legislator had filed. She also accused the judge of delaying the case.
Wahome filed an election petition in 2008 against former Kandara MP Maina Kamau, whom she said she defeated in the 2007 election.
The committee observed that Mwilu was not to blame for the delay in the conclusion of the case as several factors contributed, including Wahome’s failure to take hearing dates and give evidence to support her petition.
However, in the committee’s report, MPs John Njoroge (Kasarani), Benson Mutula (Makadara) and Irungu Kang’ata of Kiharu dissented with the majority recommendation by the team to approve Mwilu for the position.
Mwilu was vetted on Tuesday and if appointed she will succeed retired justice Kalpana Rawal as DCJ.
She told the National Assembly Justice and Legal Affairs Committee, during her vetting on Tuesday, that gay people have freedom of choice.
“For me to answer the question about gayism, I would have to know whether gayism is a matter of choice or it is an in-born situation,” she said.
“As a matter of choice and association, gay people are protected by the constitution’s Bill of Rights but not marriage. The enjoyment of their rights will stop where the enjoyment of ours stops.”
Mwilu also tackled the issue of injunctions which the Executive, led by President Uhuru Kenyatta, has accused the judiciary of using to frustrate development.