Deputy Chief Justice Mwilu has been barred from office as the Deputy Chief Justice (DCJ) and Acting Chief Justice (CJ).
The judiciary is in crisis after high court Judge issued an order temporarily barring Justice Mwilu from holding the office.
In an extraordinary development, Judge Patrick Otieno ordered Justice Mwilu to vacate the post pending the court’s judgment of a case filed by Mwongela Isaiah Mbiti.
The DCJ has been occupying the office of CJ since December 2020 after the retirement of Justice David Maraga.
The Supreme Court’s operations have grinded to a halt with only four judges left since the constitution outlines a legal minimum of five judges.
With the exit of Justice Maraga, the retirement of Justice Ojuang and the barring of Justice Mwilu, business at the Supreme Court have grinded to a halt until the determination.
Justice Mwilu has been embroiled in a number of disciplinary cases stemming from Tax evasion, forgery and using her office to illegally obtain money in 2013.
In Mr. Mbiti’s petition through Lawyer Maranya, he is challenging the DCJ fitness to continue serving while facing an adjudication case before the Judicially Service Commission.
He went on to argue that since DCJ is a public officer she should then move aside to allow the completion of her disciplinary proceedings like any other public officer.
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