Reports have emerged that Deputy Chief Justice Philomena Mwilu is frustrating the hearing of a petition seeking her removal from office as she has secretly going to court and obtaining orders stopping the Judicial Service Commission (JSC) from proceedings with the hearings of the case against her. Secretary of Public Prosecution Dorcas Oduor said.
. “It is a mockery when she continues sitting at the JSC and conducting disciplinary hearings against other judges while frustrating the conclusion of her misconduct case. She has come to court with unclean hands and should not be allowed to drink from the pure waters of equity.”
The DPP and the Director of Criminal Investigations, have made an application seeking to be enjoined in a suit in which the DCJ has sued the JSC disciplinary committee investigating her conduct over claims of bias.
On August 17, Justice Mwilu had obtained orders stopping the JSC committee from continuing with the hearings of complaints filed against her by the DPP and DCI which seeks her removal from office over claims of misconduct. Ruling on the matter, Justice Weldon Korir ruled that the DCJ had disclosed prejudice she will suffer if the commission continues with the disciplinary hearings unless they are stopped pending determination of her suit.
In her petition, and making claims of bias, Mwilu wants wants two JSC commissioners, Attorney General Kihara Kariuki and Law Society of Kenya representative Macharia Njeru to recuse themselves from the JSC disciplinary hearings and only listing Kariuki and Njeru as respondents in the petition.
Justice Mwilu had on August 17 obtained orders stopping the JSC committee from continuing with the hearings of complaints filed against her by the DPP and DCI which seeks her removal from office over claims of misconduct.
Justice Weldon Korir ruled that the DCJ had disclosed prejudice she will suffer if the commission continues with the disciplinary hearings unless they are stopped pending determination of her suit. Bias claims The DCJ , in her petition, wants two JSC commissioners, Attorney General Kihara Kariuki and Law Society of Kenya representative Macharia Njeru to recuse themselves from the JSC disciplinary hearings over claims of bias. This move is bound to directly affect the outcome of her petition.
According to Oduor, thev DCJ has been constantly trying to scuttle the conclusion of her disciplinary case which has been pending for more than one year. She added that the DCJ occupies an important position which should make her a role model to the public and that any matter touching on her integrity should not be delayed through court orders.
“She is clearly bent on ensuring that the disciplinary case before the JSC never sees the light of day while she continues to enjoy the full benefits of her office, including presiding over disciplinary proceedings against her colleagues and junior staff at the Judiciary,” said Oduor.
The DPP and the DCI also want the court to lift the orders that stopped the JSC from proceeding with the disciplinary case. Justice Korir certified the application urgent and directed that it be served on the DCJ before the hearing on September 22.
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