• In a fresh application, Mwilu wants the AG to recuse himself from the proceedings before the JSC as he has openly and expressly shown his personal bias against her.
• Mwilu says the AG has been arranging for meetings with other commissioners where discussions of how to remove her from office have been held.
Deputy Chief Justice Philomena Mwilu has claimed that Attorney General Kihara Kariuki wants her removed from office.
According to Mwilu, the AG has been lobbying certain commissioners of the Judicial Service Commission to ensure her.
In a fresh application, Mwilu wants the AG to recuse himself from the proceedings before the JSC as he has openly and expressly shown his personal bias against her.
Mwilu says the AG has been arranging for meetings with other commissioners where discussions of how to remove her from office have been held.
"I am aware of three such meetings separately attended by influential state operatives, who implored certain commissioners to fast track the process of my removal from office," the DCj claims.
She adds; "This is definitely a testament of the predisposition of the AG and a section of the commission on a biased and pre-determined outcome against me."
It is her argument that the AG’s participation in the petition before the commission is only intended to ensure that his pre-determined outcome is arrived at.
"I say so because the AG, is the principal legal advisor to the government the executive in particular which expressly communicated its dissatisfaction with the manner of the supreme courts handling of the presidential election which i honestly believe is the reason behind my woes," she says
According to the documents filed before the JSC, the AG was the chairperson of the multi-agency taskforce team set up by a presidential directive issued on November 2015 by President Uhuru Kenyatta.
She claims that the taskforce was involved in the investigations and her intended prosecution .
"The AG chaired the meeting of MATT that recommended the appointment of foreign counsel Professor Khawar Qureshi to undertake my prosecution. The AG is therefore conflicted and its only fair he recuses himself," Mwilu tells the JSC
The DCJ goes on to state that her relationship with Kariuki has never been cordial and her apprehension about his conduct in the matter is real.
The two served together at the High Court and Court of Appeal where Kariuki presided as the president before being appointed the AG.
"I am therefore appealing to the personal conscience of the AG to recuse himself and in any event, it is the requirement of law," Mwilu says in her papers.
Mwilu has also sought the recusal of commissioner Macharia Njeru.
She says Njeru has shown open bias going by the utterances he has made to other members of the commission.
She says Njeru disclosed that the proceedings in respect to the petition at JSC are merely perfunctory and that a decision has been made and that the proceedings is a mere ratification process for her removal from office.
The JSC is comprised of eleven commissioners. Njeru is the male representative of the Law Society of Kenya to the commission having been elected on May 9 this year.
The High Court on May 31 stopped Mwilu's prosecution, stating that the evidence underpinning the intended criminal prosecution had been illegally obtained by the Director of Criminal Investigations.
The court said that this was done in a manner that is detrimental to the administration of justice.
Dissatisfied with the decision of the high court, both Mwilu and DPP lodged appeals at the Court of Appeal.
Haji filed an appeal on June 3, where he is seeking to overturn the judgment of the High Court.
Mwilu also filed her appeal papers on June 14, against part of the judgment of theHigh Court.
The DPP subsequently lodged the present petition before the JSC seeking her removal from office of deputy chief justice and vice-president of the Supreme Court.