Justice Said Chitembwe on Thursday, February 18, withdrew himself from hearing and determining Deputy Chief Justice Philomena Mwilu Mwilu's case.
Chitembwe who is a candidate for the Chief Justice position withdrew from the case as he is among those shortlisted for the position.
The justice who was among the three judges presiding over Mwilu's case withdrew from the case without a formal application being made.
Chitembwe is set to appear before the Judicial Service Commission (JSC), among which two are in charge of the case. State Counsel Alexander Muteti noted that his withdrawal from the case will promote fairness in the verdict.
The other candidates shortlisted for the chief justice position are Prof Patricia Mbote, Justice Martha Koome, Justice Marete Njagi, Philip Murgor, Justice Nduma Nderi, Fred Ngatia, Justice William Ouko, Dr Wekesa Moni and Alice Yano.
Lawyer Paul Muite backed Chitembwe noting that it's important to prioritize public confidence in justice administration. Mwilu is facing charges of fraud, bribery, abuse of office, and related charges filed by the Director of Public Prosecution (DPP) office.
Law society of Kenya President Nelson Havi who is among the lawyers representing Mwilu insisted on the presentation of a formal application of the withdrawal to uphold the integrity of the judiciary and individual offices of judges.
Mwilu denied the charges presented against her, and contested the hearing accusing Attorney General Kihara Kariuki of lacking fairness. She would then move to the High court to stop the JSC hearings.
