A fresh petition has been filed before the Judicial Service Commission seeking the removal of Deputy Chief Justice (DCJ) Philomena Mwilu for alleged gross misconduct, misbehavior, corruption and breach of judicial code of conduct.
The petitioner, Alex Mugane, claims that the DCJ went against the Central Bank of Kenya regulations in handling amounts exceeding Ksh1 million by transacting Ksh20 million in cash.
Mugane wants the JSC to form a tribunal to probe Mwilu over the case that collapsed in the high court.
"The court found that the decision to charge the DCJ was based on factual and legal basis informing the charges and was in line with both the constitution and the National Prosecution policy," part of the petition read.
Mwilu was facing charges of suspect financial dealings for paying two companies which involved an investment firm and Grand Forest Japan Hospital Limited an amount of Ksh20 million within nine days.
Ksh3 million was allegedly transacted at the supreme court's parking area and another Ksh7 million reportedly transacted in her office and the remainder Ksh10 million shillings exchanged at her Kilimani residence.
Mr. Mugane also pointed out that the DCJ's continued stay at the judiciary "was a sham".
"The DCJ's continued participation in the affairs of the JSC and Supreme Court is a total mockery of chapter 6 of the constitution and therefore untenable," the petition continued.
The petitioner therefore urged the commission to take deliberative action and suspend Lady Justice Philomena Mwilu from its deliberations and those of the Supreme Court and recommend a tribunal to probe her conduct.
The Director of Public Prosecutions had vowed to appeal the high court's ruling on Mwilu's case but the office is yet to effect that action.
