Makueni Senator Mutula Kilonzo Jnr now says that the Court of Appeal should quash orders by the High Court removing acting Chief Justice Philomena Mwilu from office.
This comes days after the High court issued an order barring Mwilu from acting as the Chief Justice, Deputy Chief Justice and a judge of the Supreme Court.
“The Court of Appeal should not have any difficulty staying the ex-parte order purporting to remove Acting Chief Justice Philomena Mbete Mwilu. The people of Makueni are taking notes,” tweeted Mutula Kilonzo Jnr.
The Court of Appeal should not have any difficulty staying the ex-parte order purporting to remove Acting Chief Justice Philomena Mbete Mwilu . The people of Makueni are taking notes .
— Sen Mutula KilonzoJR (@SenMutula) January 31, 2021
The order also barred her from being a member of the Judicial Service Commission (JSC), technically throwing her out of judicial operations.
“That a conservatory order be and is hereby issued against the 1st Respondent (Mwilu) restraining her continued occupation of the offices of Deputy Chief Justice of the Republic of Kenya, Judge of the Supreme Court of Kenya, Member of the Judicial Service Commission and Ombudsman of the Judiciary pending the hearing and determination of this Application,” the court order issued by Justice Judge PJ Otieno read in part.
This follows a case filed by lawyer Isaiah Mwongela, who is accusing Mwilu of abuse of office.
She is also accused of improperly benefiting from Ksh12 million loan from collapsed Imperial Bank.
Law Society President Nelson Havi faulted the order, saying that a judge cannot bar another judge from office.
“A judge cannot issue an injunction restraining another Judge from acting. Besides, Justice Mrima dismissed a similar case. Only two explanations for this; deep state has a lot of dirt on Justice PJ Otieno and has banked a post-dated cheque given to it or the order is a fraud,” he tweeted.