The High Court has quashed petitions filed by the Directorate of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) seeking the removal of Deputy Chief Justice Philomena Mwilu from office over alleged gross misconduct.
According to Justices Said Chitembwe, Roselyn Aburili and Weldon Korir, any petition emanating from the DCI of DPP seeking to remove Mwilu violates the doctrine of separation of powers.
Four petitions had been filed separately seeking to remove Mwilu from office over graft allegations leveled against her in 2018.
The other three petitions have been suspended awaiting the outcome of the two appeals filed by Mwilu and the DPP.
In August 2018, the High Court suspended Mwilu’s prosecution by the DPP over fraud-related charges.
Mwilu is also facing four other disciplinary matters before the Judicial Service Commission (JSC). Mwilu moved to court claiming that two JSC commissioners- AG Kihara Kariuki and Macharia Njeru- were biased.