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Deputy Chief Justice Philomena Mwilu.

World

High Court bars Mwilu from occupying DCJ seat and acting as CJ pending case

The orders were issued by Justice P.J Otieno in Meru, following an application by a petitioner who argues that she can’t continue holding office because she is facing abuse of office charges.

NAIROBI, Kenya, Jan 29-The High Court has issued orders barring Deputy Chief Justice Philomena Mwilu from occupying the seat and acting as Chief Justice.

The orders issued Friday also bars her from sitting on the Supreme Court bench as well as serving as a member of the Judicial Service Commission. 

The orders were issued by Justice P.J Otieno sitting at the High Court in Meru, following an application by a petitioner Isaiah Mwongela who argues that she can’t continue holding office because she is facing abuse of office charges.

“That a conservatory order be and is hereby issued against the 1st respondent restraining her continued occupation of the office 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,” reads the orders.

Mwilu was accused of improperly obtaining the execution of a security belonging to Imperial Bank, abuse of office, unlawful failure to pay taxes and conducting herself in disregard of the law. 

She was accused of receiving an unsecured facility at zero interest from Imperial bank, when the loan facilities were charged at 14 per cent.

Mwilu had defended herself that the transactions were normal banking relations between her and the Imperial Bank of Kenya.

She argues that her arrest and prosecution was in bad faith and an abuse of her rights and has challenged previous attempts to have her barred from holding office on account of the charges she is facing in court saying it is within her constitutional right to continue discharging her mandate as the case continues in court.

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