Blow for DCJ Mwilu as Two Petitions are Filed Seeking Her Ouster

June 13, 2019

Deputy Chief Justice Philomena Mwilu suffered a setback after two petitions were filed on Wednesday seeking her removal.

The petitioners; Alexander Mugane and Peter Kiriki, want the Judicial Service Commission (JSC) to suspend Justice Mwilu and a tribunal formed to investigate her conduct.

“I urge the commission to take decisive actions by suspending lady justice Philomena Mwilu from its deliberations and those of the Supreme Court and to recommend the appointment of a tribunal to probe her conduct,” the papers read in part.

According to the petitioners, the fact that a five-judge bench ruled that the charges against Mwilu were factually and legally sound for purposes of commencing criminal proceedings is a serious indictment against the integrity of the DCJ.

“It is my view that makes her continued participation in the affairs and deliberations of the JSC and Supreme Court a mockery of chapter six of the constitution,” argues Mugane.

The petitioner further claims the DCJ broke CBK cash transaction rules.

Ms Mwilu faced 13 counts, seven of which related to failing to pay about Sh 12 million stamp duty to the Kenya Revenue Authority. She allegedly committed the offences between 2013 and 2016.

Last month, a five-judge bench dismissed Ms Mwilu’s planned prosecution for reasons including the manner in which the Directorate of Criminal Investigations obtained evidence against her from the collapsed Imperial Bank Limited.

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