NAIROBI, Kenya, Nov 12 – A three-judge bench of the High Court has dealt the Directorate of Criminal Investigations (DCI) and the Public Prosecutor a major blow after declaring a petition seeking the removal of Deputy Chief Justice Philomena Mwilu invalid.
Justices Said Chitembwe, Weldon Korir and Roselyn Aburiri said DCI George Kinoto and Director of Public Prosecutions Noordin Haji had no mandate to file the petition before the Judicial Service Commission (JSC).
The judges also said the reliance on Article 168 (2) which provides that the JSC may initiative the removal of a judge “on a petition of any person” was misapplied by Kinoti and Haji.
The court held that Kinoti and Haji being State officers, they do not qualify as persons who can petition the JSC to remove a judge.
The court directed the JSC to disregard any further proceedings against Mwilu pending the conclusion of appeals at the Court of Appeal.
The court also noted that the evident Kinoti and Haji intended to use was illegally acquired.
DCI and DPP sought Mwilu’s prosecution and removal from office following her dramatic arrest at the Supreme Court in 2018.
Mwilu, a justice of the Supreme Court, secured her realse after successfully contesting criminal proceedings brought against her at a magistrate’s court at Milimani Law Courts.