Court Bars Philomena Mwilu from Serving as Deputy Chief Justice and Acting Chief Justice

The High Court has temporarily barred Philomena Mwilu from serving as Deputy Chief Justice and acting Chief Justice. 

The order was issued on Friday by High Court judge Patrick Otieno pending the hearing of a case in which Mwilu is accused of abuse of office.

Judge Otieno further barred Mwilu from serving as a judge of the Supreme Court, member of the Judicial Service Commission (JSC), and Ombudsman of the Judiciary.

“That a conservatory order is hereby issued against the first respondent restraining her continued occupation of the offices of the Deputy Chief Justice, Judge of the Supreme Court of Kenya, member of the Judicial Service Commission and Ombudsman of the Judiciary,” the order reads.

The orders remain in place until February 12th, when the petition filed by Isaiah Mbiti will be heard.

In 2019, five High Court judges stopped attempts by the Director of Public Prosecution (DPP) Noordin Haji to charge Mwilu with fraud and abuse of office. The five-judge bench ruled that the DPP had no legal basis to indict her.

“The manner in which the Directorate of Criminal Investigations (DCI) obtained the evidence of her bank accounts was illegal,” they ruled.

Justices Hellen Omondi, William Musyoka, Mumbi Ngugi, Chacha Mwita, and Francis Tuiyot further accused the DCI of violating her rights to privacy.