• Mwilu told Justice Anthony Mrima that a judge’s integrity does not diminish or end nor does she stop serving on account of pending complaints for her removal.
• Through her lawyers Nelson Havi and Julie Soweto she said her case cannot be any different.
Image: FILE
Corruption and abuse of office complaints before the Judicial Service Commission cannot stop me from acting as Chief Justice, Deputy CJ Philomena Mwilu has told a court.
Mwilu told Justice Anthony Mrima that a judge’s integrity does not diminish or end nor does she stop serving on account of pending complaints for her removal.
Through her lawyers Nelson Havi and Julie Soweto she said her case cannot be any different.
The Deputy Chief Justice was responding to a suit filed by activist Okiya Omtatah to stop her from taking over from David Maraga when he retires on January 12.
Omtatah wants Mwilu to wait until the JSC clears her of allegations of corruption and abuse of office.
On Wednesday, Mwilu told the court that the JSC does not appoint an acting Chief Justice. It cannot be prohibited from undertaking a function not given to it.
The JSC is a party to the suit but has yet to file nor respond to the case.
“It is not in the public interest for the Kenyan public to be denied the benefit of the administrative duties and functions of the CJ which I am entitled to perform in an acting capacity on account of complaints before the JSC which have not culminated in my suspension or removal from office,” she said.
In his case, Omtatah has asked the court to suspend a December 11 letter by CJ Maraga appointing Mwilu to act as Chief Justice until the position is filled.
The activist told Justice Mrima that no law exists for the appointment of an acting Chief Justice. Hence, the notification by Maraga for Mwilu to act as CJ was unconstitutional.
Four petitions seeking the removal of Mwilu from office are currently pending before the JSC. Some were filed in 2018 and after but have never proceeded.
In September last year, the High Court issued orders suspending the hearing of the petitions after Mwilu claimed that some of the commissioners were biased.
On Wednesday, Omtatah accused the JSC of colluding with and aiding Mwilu to ascend to the office of the CJ even though she is ineligible to do so.
He said the commission has failed to adopt a policy on dealing with petitions for the removal of Mwilu.
“By delaying to hear and determine the four petitions seeking her removal, the JSC is guilty of dereliction of duty and has failed to tackle corruption within the Judiciary,” he said.
Maraga’s term in office expires on January 12 and so does his current delegation of duties to the DCJ.
Omtatah told Mrima that the Mwilu cannot continue performing those functions beyond the CJ’s tenure. The court will deliver its ruling January 12
(edited by o. owino)