Okiya Omtatah has filed a petition in court seeking to stop Deputy Chief Justice Philomena Mwilu from assuming the role of acting Chief Justice.
The Human rights activist argues that Mwilu is not fit to act in the office of the Chief Justice once David Maraga retires in January 2021. Omtatah wants the court to bar the Judicial Service Commission from appointing Mwilu unless they clear her of all the corruption allegations levelled against her.
“Pending the inter-parties hearing and determination of this case, the court be pleased to issue a temporary order prohibiting JSC from appointing DCJ Mwilu to act in the office of the Chief Justice unless and until the JSC clears her of the allegations of corruption and abuse of office contained in the pending four petitions seeking her removal,” his petition reads in part.
“For example, the DPP and the 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 pretence,” Omtatah claims.
According to Omtatah, the court should certify the case is extremely urgent because Maraga is set to go on his terminal leave from Tuesday next week, with Mwilu set to assume office in acting capacity pending the appointment of a new CJ.
Omtatah further faulted JSC for taking too long to determine the petitions against Mwilu.
“The petitioner is aggrieved that the JSC, which is mandated to ensure the independence, impartiality, responsibility and professionalism of the courts and judges is dillydallying and pussyfooting, and deliberately delaying to determine this matter either way,” the petition reads.