Acting Chief Justice Philomena Mwilu has accused Activist Okiya Omtatah of harassment, arguing that he had ulterior motives for wanting her barred from office.
Mwilu sought the court to bar Omtatah from issuing any claims or actions against her without the court's permission to perform, failure to which the actions should be considered unlawful.
“The petitioner is a vexatious, frivolous and galloping litigant who is abusing court process to achieve ulterior motives not connected with the vindication of the law,” stated Mwilu in her replying affidavit.
Mwilu further stated that Omtatah's ulterior motives were aimed at making her frustrated enough to quit her judicial role and functions.
The activist had earlier moved to court to stop the Judicial Service Commission from appointing Mwilu as acting CJ saying she was not fit to hold the office, pending clearing her of corruption and abuse of office allegations.
“The Director of Public Prosecutions (DPP) and the Director of Criminal Investigations (DCI) claim in their petition that Justice Mwilu is unfit for public office as she was involved in the irregular sale and acquisition of property including obtaining the execution of a security by false pretense,” he said.
Omtatah further stated that the allegations were too big to be ignored adding that the Judicial Service Commission was intentionally delaying to determine the course of Mwilu's case.
“It goes without saying that it is a matter of compelling and overriding public interest that the office of the Chief Justice must at all times be occupied only by persons of impeccable character,” he added.
Justice Mwilu was facing 13 counts of abuse of office, tax evasion, and fraudulent recovery of loan securities and was to be charged alongside her lawyer Stanley Kiima.
A court order barring Mwilu from sitting as a Supreme Court judge and barring her from office of acting CJ was later lifted on the basis that the issuing court judge had no authority to give such an order to a court more superior than his.
Mwilu's advocates also accused the court of having been influenced by political forces driving the Judiciary's decision to suspend her.
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