Judiciary Clarifies DCJ Mwilu, Wanjala's Resignation Reports

Deputy Chief justice Philomena Mwilu hearing responses to petitions at the Supreme court on Septem
Deputy Chief justice Philomena Mwilu hearing responses to petitions at the Supreme court on September 1, 2022
Judiciary

The Judiciary has flagged a report alleging that Deputy Chief Justice Philomena Mwilu and Justice Smokin Wanjala had tendered their resignations days after the Supreme Court verdict. 

Speculations went strife for the better part of Sunday, September 11, that the two Supreme Court judges had submitted their resignations to the Judicial Service Commission (JSC). 

The Judiciary, however, clarified that the information was false and ought to be treated with contempt. 

Hon. Justice Smokin Wanjala hearing responses to petitions at the Supreme court on September 1, 2022
Hon. Justice Smokin Wanjala hearing responses to petitions at the Supreme court on September 1, 2022
Judiciary

The two Justices sit on the a seven-judge bench of the Supreme Court that unanimously upheld President-elect, William Ruto's victory in the August 9 poll.

The verdict has since elicited debate from politicians across the divide with some praising the ruling while others castigating the judgment. 

Azimio's Raila Odinga took issue with the ruling and claimed that his lawyers had provided irrefutable evidence for the basis of throwing out the presidential election poll. 

“We have always stood for the rule of law and the constitution. In this regard, we respect the opinion of the court although we vehemently disagree with their decision today,” Raila stated. 

"Our lawyers proffered irrefutable evidence and the facts were on our side, unfortunately, the judges saw it otherwise,” he added. 

The Supreme Court judges comprise Chief Justice Martha Koome, Mwilu, Wanjala, Justice Isaac Lenaola, Justice Mohammed Ibrahim, Lady Justice Njoki Ndung’u and Justice William Ouko. 

According to Article 167 of the Constitution of Kenya, the Chief Justice and any other judge may resign from office by giving notice, in writing, to the President. 

The Constitution further stipulates that a judge shall retire from office on attaining the age of seventy years, but may elect to retire at any time after attaining the age of 65 years. In the case of the Chief Justice, she will hold the office for a maximum of ten years or until attaining retirement age. 

Born in 1958, Justice Mwilu has amassed over three decades of service in the legal industry- having been admitted to the bar as an advocate of the High Court in 1984. The DCJ rose to become a judge of the High Court in 2007, a Court of Appeal judge in 2012 and subsequently to the apex court in 2016. 

On the other hand, 60-year-old Justice Wanjala worked as a law lecturer at the University of Nairobi (UoN) for over two decades before his appointment to the Supreme Court. Dr. Wanjala is among the longest-serving judges of the apex Court.

A display of the Supreme court session as hearing of petition continues on August 31, 2022
A display of the Supreme Court session as hearing of petition continues on August 31, 2022
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The Judiciary of Kenya