Deputy Chief Justice Philomena Mwilu has raised questions against the Judiciary Service Commission (JSC) led by her boss, Chief Justice Martha Karambu Koome.
Mwilu alleged that the JSC was biased in handling four petitions seeking to eject her from office. JSC received these cases between October 2018 and June 2019 filed by civilians and the Directorate of Criminal Investigations (DCI) under George Kinoti.
While speaking at the High Court, on Monday, August 9, Mwilu complained that JSC's move to investigate her over alleged gross misconduct, corruption, tax fraud and falsifying documents was ill-founded.
The DCJ added that the JSC did not accord her ample time to file her responses.
Her lawyers, led by Siaya Senator James Orengo, lamented that the JSC had further not issued a response to her preliminary objection against the four petitions.
This, Mwilu argued, was against JSC's constitution, which prevented it from listening to disputes that are sub-judice (proceeding in court).
"The cases at JSC cannot be considered as they are under trial in court," her attorneys told High Court Justices Roselyne Aburili, Weldon Korir and Juma Said Chitembwe.
Mwilu’s woes started in 2018 after she was accused of illegal engagements with a local bank. In November 2020, the commission alleged that Mwilu was manipulating the law to intentionally delay court proceedings seeking her removal.
JSC was irked by the court’s failure to issue a ruling since 2018 when the cases were filed.
CJ Martha Koome took over JSC in May 2021 after she was sworn into office, succeeding retired Justice David Maraga. Koome vowed to protect the independence of the Judiciary against interference by the Executive.
“My predecessors made efforts to improve the Judiciary. I shall strive to ensure cases are fast-tracked,” Koome added.
Mwilu assured the CJ of her full support and loyalty. “If you ever need me I shall undertake assignments and will help you do the right thing,” the DCJ stated.
