The promulgation of the Constitution on August 27, 2010, brought changes in the political, social and judicial arena that had for long been sought by Kenyans since independence in 1963.
With it
came the creation of the Supreme Court established by Article 163.
This is the highest court in land headed by the Chief Justice as its president and under him
a Deputy Chief Justice.
The position of the DCJ, which by law is supposed to be held by a woman if the CJ is a male, appears to be a jinxed position if the events surrounding its occupants are anything to go by.
Nancy Baraza
Kenya's first DCJ was Nancy Baraza who resigned from the post unceremoniously in 2012 after a judicial tribunal found her unfit to
hold
office.
The tribunal was set up to investigate the judge following an altercation with a security guard at the Village Market shopping mall, Nairobi, on December 31, 2011.
The complainant, Rebecca Kerubo, claimed the judge refused to undergo security checks at the entrance of the mall.
This infuriated Baraza who asked Kerubo if she "knew who she was dealing with".
Kerubo said she did not know who the DCJ was but that she was just doing her job.
The DCJ then identified herself and pinched Kerubo's nose and told her "she should know people".
The tribunal found that Baraza violated Chapter Six of the Integrity Act and was, therefore, not fit for public office.
She opted to resign, saying she was unlikely to get justice before the Supreme Court upon appeal.
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Kalpana Rawal
Baraza's departure gave rise to Kalpana Rawal, then a judge of the Court of Appeal.
She was sworn in on June 3, 2013, as Kenya's second Deputy Chief Justice under Chief Justice Willy Mutunga.
All was well until December 11, 2015, when the High Court ruled that she should retire at the mandatory age of 70.
Rawal challenged the decision, insisting that she was appointed under the old Constitution that pegged the retirement age at 74.
Judges Richard Mwongo, Weldon Korir, Christine Meoli, Hedwig Ong'udi and Charles Kariuki ruled that Rawal had bound herself to abide by the 2010 Constitution when she took a fresh oath of office and dismissed her case challenging her retirement age.
The Court of Appeal upheld the High Court ruling on December 28, setting the stage for her retirement on January 16, 2016.
On June 14, the Supreme Court declined to hear an appeal she filed together with Justice Philip Tunoi challenging the Court of Appeal verdict that judges retire at 70.
This, therefore, allowed the Court of Appeal decision to stand,
ushering in another round of interviews that saw Philomena Mwilu take the oath of office on October 28, 2016.
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Philomena Mwilu
Just like her predecessors, Mwilu on Tuesday found herself in a tight spot when she was arrested at the Supreme Court on graft charges.
DPP Noordin Haji said the evidence against her was sufficient to sustain a successful prosecution.
He said Mwilu faces charges relating to abuse of office for personal gain, accepting a cash gift in circumstances which undermined public confidence in the integrity of her office, obtained a loan from the collapsed Imperial Bank by false pretence and failure to pay taxes.
"I have concluded that the evidence is sufficient with a reasonable prospect of conviction and it is in the interest of the public that criminal proceedings should be preferred," Haji said moments after Mwilu's arrest.
The new twist of events is likely to deal a blow to Mwilu's illustrious career in the Judiciary and end it prematurely like it happened with Barasa, and technically with Rawal.
Haji said it was a difficult decision for him to charge the DCJ, but it had to be done.
"Adherence to the rule of law binds and strengthens us as a nation. Our country is being torn apart by people who have been placed in positions of trust and who in turn abuse this trust," he said, assuring that the law will take its course.
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