• This means that Mwilu can continue serving in that office pending further direction on March 4.
• Last week, Judge Otieno set aside his own orders that he issued on January 29 barring Mwilu from office.
Image: CHARLENE MALWA
Acting Chief Justice got a major victory on Friday after a Meru court decided to extend an order that gives her the power to continue discharging her duties.
Justice Patrick Otieno will review the order on March 4 when the case in which rights activist Okiya Omtatah and petitioner Isaiah Mbiti have asked the court to block Mwilu from performing the duties of the Chief Justice will be heard.
Last week, Judge Otieno set aside orders he issued on January 29 in which he had barred Mwilu from office.
Omtatah and Mbiti had pleaded with the court to block Mwilu but the judge declined.
The decision means Mwilu continues to work unless the court decides otherwise on March 4.
Justice Otieno also allowed Kituo Cha Sheria and Omtatah to be enjoined in the case as interested parties.
He directed them to serve their papers to the parties in the case and appear in court on March 4.
Otieno dismissed an application by a group of lawyers who wanted to be heard in open court on March 4.
The judge noted that due to Covid-19 it would be hard to have a face to face session and so the case will be virtual.
The judge also brought it to the attention of the court that he was actively involved in the Kituo Cha Sheria’s AGM asking if any party had an issue with that.
Justice Otieno said he was bringing up the issue of working closely with the NGO so that if anyone had an objection he would stand down and hand the case to another judge.
However, all the parties in the case said they were not opposed to him handling the case because Kituo Cha Sheria was not the main petitioners.
Most lawyers told the judge that they were confident that he would be impartial in the matter even though he works with Kituo.
The judge said he would not recuse himself adding that he will follow the law in dispensing justice in the case.
In the case, Mbiti moved to court and secured orders barring Mwilu from accessing her office pending the hearing of the case.
But, Mwilu swiftly moved to court a day later and secured orders from the same court setting aside the earlier orders.
In his case, Mbiti had claimed that the DCJ's integrity before the JSC and should not be in office.
“The mere fact that Mwilu is facing questions as to her integrity contravenes, during the pendency of the petition for her removal before JSC the high standards of integrity required of State Officers by the Constitution. The institution of the Judiciary cannot be seen to apply different standards of integrity for judicial officers such as Mwilu,” Mbiti said.
However, in her defense Mwilu through her lawyers opposed the application arguing that the orders by the court were drastic and an egregious act of judicial terror and oppression obtained fraudulently and illegally.
These proceedings are further an egregious, outrageous, mischievous and illegal attempt to circumvent previous orders of the court.