The Curse of Kenya’s Deputy Chief Justice Office

The arrest of the current Deputy Chief Justice of Kenya Philomena Mwilu has added to the mystery that surrounds the DCJ office, held by three women, two who have left unceremoniously.

The first Deputy Chief Justice under the 2010 Constitution was Dr. Nancy Baraza. The fiery judge resigned from her position in October 2012 after a tribunal found her guilty of gross misconduct. The judge had pinched the nose of a security guard at Village Market in Nairobi.

The second Deputy Chief Justice was Justice Kalpana Rawal. Rawal replaced Nancy Baraza. Her exit from the position was both dramatically and unceremoniously. She had reached hit 70 years and it was her time to leave. She refused and went to court. According to her, she was to leave at 75. The courts ruled against her and send her packing in June 2016.

The third Deputy Chief Justice is Philomena Mwilu. She is now facing 13 counts of corruption after being arrested by officers from the Directorate and Criminal Investigation Department. She is likely to exit just as those who had come before her.

Theories Surrounding Philomena Mwilu’s Arrest

Several theories have surfaced as to why Philomena Mwilu was arrested and charged. One school of thought thinks that the Jubilee government is keeping its word after promising to ‘revisit’ the judiciary after it overturned the presidential election. DPP has since disputed the claims saying that his office acted independently.

Another school of thought claims that Mwilu is being fought so that she can exit to create a ‘job’ for another judge. Word has it that the judge is Njoki Ndung’u. The school of thought goes on to say that since Chief Justice David Maraga is 67, and retiring in 3 years, the current leadership wants to make sure that his successor is ‘someone with them in mind.’