Chief Justice David Maraga appointed Justice Mwilu as the acting CJ from December 12, pending the appointment of his successor. Justice Maraga is retiring on January 12 after attaining the age of 70 years.
But Okiya Omtatah challenged her appointment saying Justice Mwilu faces three complaints, which are pending before the Judicial Service Commission (JSC).
Deputy Chief Justice Philomena Mwilu has defended her appointment as the acting head of the Judiciary saying there is no case barring her performing the administrative role.
The DCJ, who faces complaints of failure to pay tax, abuse of office, obtaining execution of a security by false pretence among other charges over her dealings with collapsed Imperial Bank said she has not been suspended from office or removed through a tribunal.
Chief Justice David Maraga appointed Justice Mwilu as the acting CJ from December 12, pending the appointment of his successor. Justice Maraga is retiring on January 12 after attaining the age of 70 years.
But Okiya Omtatah challenged her appointment saying Justice Mwilu faces three complaints, which are pending before the Judicial Service Commission (JSC).
He said she should waited to be cleared of allegations of corruption and abuse of office.
Justice Mwilu, however argued that the appointment is an intervention arising by express operation of the law and not a creation or the wish of an outgoing Chief Justice as implied by Omtatah.
“I verily believe that it is not lawful and in the public interest for the Kenyan public to be denied the benefit of the administrative duties and functions of the Chief Justice, which I am entitled to perform in an acting capacity on account of complaints before the respondent which have not culminated in my suspension,” she said.
She said the charges against her were quashed by the High Court in May 2019.
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