Philomena Mwilu's tenure as the acting Chief Justice is in limbo following a court order barring her from sitting on the Supreme Court bench.
In a conservatory order issued on Friday by Justice PJ Otieno sitting in the High Court in Meru, he issued instructions against Mwilu's continued occupation of the offices of deputy CJ, judge of the Supreme Court, member of the JSC and Ombudsman of the Judiciary.
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.
The petition was in reference to the case where it was alleged that Mwilu used her office to improperly confer a benefit to herself of Sh12 million from Imperial Bank Limited.
Mwilu was accused of improperly obtaining the execution of a security belonging to Imperial Bank, abuse of office, unlawful failure to pay taxes and conducting herself in disregard of the law.
Mwilu, the DPP had said, used her office as a Court of Appeal judge to advance private interest and obtain a loan of Sh 12 million at zero interest without even applying for it.
She was accused of receiving an interest-free loan from Imperial Bank Limited which she never applied for, which according to the DPP amounted to an improper and suspicious benefit.
Mwilu has previously claimed that there have been efforts to remove her from office.
