The High Court has quashed the petition lodged by Director of Public Prosecution and Directorate of Criminal investigation against Deputy Chief Justice Philomena Mwilu at the Judicial Service Commission.
A three-Judge bench said the DPP and DCI cannot petition JSC to remove Mwilu noting that it violates the doctrine of separation of powers.
“Allowing them to petition the removal of a judge from office violates the doctrine of separation of power,” ruled Justice Chitembwe.
Justices Said Chitembwe, Roselyn Aburili and Weldon Korir ruled that DCI and DPP are state officers occupying state offices, and they cannot fit the description of any person.
The three other petitions that also seek the removal of DCJ Mwilu have been suspended pending the outcome of the court of Appeal decision, which challenges the High court verdict that halted Mwilu’s prosecution.
Mwilu moved to the High court seeking to stop the JSC from hearing 4 disciplinary cases against her.
The petitions against her were filed by civilians Peter Kirika and Alexander Mugane, both in June 2019, and Mogire Mogaka, in October 2018, while the fourth was jointly lodged by the DPP and the DCI in 2019.
The petitioners claimed Justice Mwilu is unfit for public office due to corruption, failure to pay taxes, forgery and uttering a false document.
Additionally, they claimed that she was involved in the irregular sale and acquisition of property, and that her continued participation in judicial affairs is a mockery of the Constitution.
But while addressing the High Court, Mwilu stated that the decision of the commission to start working on the complaints was contrary to fair administrative action.
She told the three-judge bench that the JSC not only treated her differently, but she was also not afforded equal opportunity.