Philomena Mwilu Barred From Holding Office: What Is Cooking?

The race to succeed the retired Chief Justice David Maraga took a twist on Friday after a High Court barred Justice Philomena Mwilu from office as a judge as well as acting as Chief Justice until a case filed by Isaiah Mbiti Mwongela, a Nairobi lawyer is heard and determined.

The orders were issued by Meru High Court Judge, Justice Patrick Jeremy Otieno who further gave restraining orders to Justice Mwilu from sitting in the Judicial Service Commission (JSC) until February 12. Many lawyers have rubbished the orders.

According to Mwongela’s petition, he alleges that Justice Mwilu used her office to improperly confer a benefit to herself of 12 million shillings from the collapsed Imperial Bank Limited. The integrity of Mwilu has always been questioned. The case still pending.

Various sentiments have come to the surface following the orders. Fiery and outspoken lawyer Miguna Miguna said:

“A High Court Judge has no competent power or authority to issue an order stopping a Chief Justice – even an acting one like Justice Philomena Mwilu – from exercising her powers. It was never done even under the most primitive Banana Republic like Mobutu Sese Seko’s Zaire.”

A High Court Judge has no competent power or authority to issue an order stopping a Chief Justice – even an acting one like Justice Philomena Mwilu – from exercising her powers. It was never done even under the most primitive Banana Republic like Mobutu Sese Seko’s Zaire.

— Dr. Miguna Miguna (@MigunaMiguna) January 29, 2021

According to Miguna Miguna, Courts of law operate in a HIERARCHICAL MANNER: lower courts do not have the power to issue orders or writs that bind SUPERIOR COURTS. It is superior courts that bind lower courts. So, what should Philomena Mwilu do?

“All CJ Mwilu needs to do is give Justice Otieno operating from Meru the contempt card and treat his Order as an indecent JUDICIAL FART,” said Miguna Miguna.

READ: David Maraga Finally Hands Over Instruments Of Power