Deputy Chief Justice Philomena Mwilu has accused the DCI and DPP of using a court case to block her from succeeding Chief Justice David Maraga.
According to the DCJ who was appearing in court on Tuesday, DPP Noordin Haji and DCI George Kinoti do not want her to ascend to power once Maraga retires.
“The interest of the petition is not to take the DCJ through a fair process but to address the succession politics of the chief justice,” lawyers Nelson Havi, Julie Soweto and Jackson Awele told Justice Weldon Korir.
The lawyers were addressing the court during the hearing of an application by the DPP and the DCI to be allowed to join a case filed by Mwilu seeking to block the JSC from hearing four petitions against her.
Through their lawyers; Nicholas Muteti and Senior Counsel Taib Ali Taib, the DPP and the DCI also sought vacation of a temporary order issued last month suspending the planned JSC proceedings.
They accused the DCJ of “mischief and treating the court to theatrics” for failing to list them as respondents in the case.
But Justice Mwilu’s lawyers said the DCI and DPP only sought to join the case so as to embarrass the court and scandalize the judge.
The court will rule on the application on October 7.
Earlier on in September, DPP Haji through state counsel, Dorcas Oduor, accused justice Mwilu of trying to sabotage her trial after she obtained court orders stopping JSC from proceeding with hearing her case.
“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,” Oduor said.
In June last year, the DPP petitioned to have JSC remove Justice Mwilu on grounds that he had established sufficient grounds to facilitate her removal.
In an 18-page petition, DPP stated gross misconduct, misbehavior and breach of the Judiciary code of conduct.