Acting Chief Justice Philomena Mwilu has received temporary reprieve after a court issued stay orders against the enforcement of a ruling barring her from office until February 12.
Mwilu's lawyers on Monday filed a suit seeking to set aside an order stopping her from discharging her duties.
The application was certified as urgent by the deputy Registrar of the High Court in Meru.
The stay orders will be enforce until February 12, which is the date set for the hearing of the application.
Justice Mwilu had said the order stopping her from work amounts to judicial terror and one given without benefit of relevant and material facts before the court.
“The drastic orders obtained ex parte are an egregious act of judicial terror and oppression obtained fraudulently and illegally through non disclosure of relevant and material facts and are inimical to the rule of law and fair and constitutional administration of justice,” said justice Mwilu.
She questioned the motive behind filing the case against her before Meru court when all the parties involved reside in Nairobi.
Judge Jeremy Otieno sitting in Meru on Friday made four decisions against justice Mwilu, effectively suspending her as Deputy Chief Justice, Judge of the Supreme Court, a member of the Judicial Service Commission and Ombudsman of the Judiciary.
The conservatory order issued in Meru was made following an application by Mbiti who cited four abuse of office charges pending against Mwilu at the JSC.
In court, Mbiti argued that Mwilu’s continued performance of any constitutional duties while facing graft allegation reeks of favoritism and offends the tenure, ideals and spirit of Chapter Six of the Constitution.
“She ought not to then enjoy preferential treatment because she is a Judge. The standard applicable to Mwilu in as far as Chapter Six of the Constitution is concerned is the standard applicable to all Kenyans. To this end, Chapter Six of the Constitution considers integrity beyond the extra-legal context into the realms of public perception, respect and honor,” he stated
He termed absurd, Mwilu’s continued stay as a member of the JSC, hearing and determining complaints against other Judges when she also has pending petitions against her.
Mwilu has four pending petitions against her at the JSC, including one filed by the DPP and the DCI.
In 2018, DPP Noordin Haji moved to court to charge Mwilu for abuse of office, obtaining security by false pretense, failure to pay tax and forgery.
However, a five-judge bench terminated her prosecution saying charging her with abuse of office and forgery counts violated judicial independence, and that evidence in another five counts had been illegally obtained.
It was after the court battle that the case was referred to the JSC.
And as Justice Mwilu kept away from office commissioner Mercy Deche who is representative of lawyers on Judicial Service Commission (JSC) is reported to have stepped in to take charge. Deche is the vice chair of the JSC.
Deche’s term at the JSC is expiring in March and the lawyers will have to elect a new representative.
