It is a relief for embattled Deputy Chief Justice Philomena Mwilu after the High Court set aside orders suspending her from office.
Justice T. Cherere vacated the orders issued by Meru High Court Judge Patrick Otieno and directed the petition by Mwongela Mbiti to be transferred to Nairobi Constitutional and Human Rights Division to be heard together with another petition; NO. E408 OF 2020.
The judge found that the preliminary objection by the Deputy Chief Justice Philomena Mwilu has merit.
“The petitioner has not made out a case for confirmation of the conservatory orders granted on 29th January 2021 and the same are hereby discharged,” ruled Justice Cherere.
The found that the overriding objectives of facilitating the just, expeditious, proportionate and affordable resolution of this petition would best be served if it is heard together with Nairobi High Court Petition No. E408 of 2020.
Mwilu, aggrieved by the ex-parte conservatory order, moved to court and obtained an order staying the enforcement of the conservatory order.
DCJ also filed a notice of preliminary objection on the grounds that the conservatory order is vitiated by material non-disclosure and the petition and the motion violate the doctrine of subjuice adding that the court has no jurisdiction to hear the petition by Mbiti and the motion.
The judge issued orders restraining Deputy Chief Justice Philomena Mwilu from holding her office or acting as Chief Justice until a case filed by a Nairobi lawyer is heard and determined.
Justice Otieno also restrained Justice Mwilu from sitting in the Judicial Service Commission (JSC) and from the office of the Ombudsperson of the Judiciary until the case filed by lawyer Isaiah Mbiti Mwongela is concluded.
Mwongela moved to seek orders against DCJ Mwilu saying there are complaints against her pending before the JSC.
He said it was unfair for her to continue sitting at the JSC or excercising her role as DCJ yet the cases have not been determined.