Acting Chief Justice Philomena Mwilu has responded to a petition by Okiya Omtatah challenging her fitness to hold public office.
The Human rights activist moved to court in December 2020, seeking orders barring the Judicial Service Commission from appointing Mwilu unless they clear her of all the corruption allegations leveled 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 argued.
In her replying affidavit, Mwilu accused Okiya of abusing the court process to harass her.
“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,” read court papers.
The acting Chief Justice said Omtatah is using a smear guerilla attack and campaign to wear her down into quitting and distracting her from performing her role and functions.
Mwilu wants the court to bar Okiya Omtatah from instituting any claims or actions against her without prior leave of the court.