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Order stopping Mwilu ouster petition extended

Deputy Chief Justice Philomena Mwilu

Deputy Chief Justice Philomena Mwilu.

Photo credit: File | Nation Media Group

What you need to know:

  • Justice Korir found the orders sought by Justice Mwilu will affect the DCI and the DPP adversely.
  • The court found the two State agencies should join the case so that they can defend themselves against accusations made against them.

The High Court has extended an order stopping the hearing of petitions seeking the ouster of Deputy Chief Justice Philomena Mwilu. 

Justice Weldon Korir extended the order to November 17, when a case filed by Ms Mwilu challenging the legality of the petitions will be mentioned for directions.

The petitions, which were filed with the Judicial Service Commission (JSC) last year by the Director of Public Prosecutions (DPP) and Mr Peter Kirika, accuse Ms Mwilu of gross misconduct over alleged inappropriate contact with suspects, irregular dealings with Imperial Bank and tax evasion.

Meanwhile, Justice Korir allowed the DPP and the Directorate of Criminal Investigations (DCI) to join the court case, in which Ms Mwilu is seeking a permanent injunction stopping the JSC from hearing the petitions. The High Court concurred with the two criminal agencies’ argument that they are necessary parties to the case considering that they are the complainants at the JSC.

Justice Korir found the orders sought by Justice Mwilu will affect the DCI and the DPP adversely, hence the need for their participation in the case.

The court found the two State agencies should join the case so that they can defend themselves against accusations made against them.