LAWYERS CRITICISE JUDGE FOR SUSPENDING DCJ MWILU FROM OFFICE.

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BY SAM ALFAN.

Lawyers has criticized decision by Meru High Court Judge Patrick Otieno suspending Deputy Chief Justice Philomena Mwilu from office.

The lawyers termed the decision by the Meru Judge as a Judicial coup and and affront to the rule of law.

Lawyer Omwanza Ombati said the order purpoting to injunct Justice Mwilu from acting as CJ or as a judge of the Supreme court and seating in JSC is an affront to the rule of law.

He termed the order as indefeansible and eggregious.

“In simple terms it means that that there is no CJ to act in terms of the Constitution, the Supreme Court is not represented in JSC though it has an elected member and the Supreme Court has no quorum as currently constituted, because the CJ, DCJ and one Supreme court are not in situ,” he said.

Law Society of Kenya president Nelson Havi on twitter said that a judge cannot issue an injunction order restraining another Judge from acting adding that Justice Anthony Mrima had dismissed a similar case.

Mombasa law society of Kenya branch chairman Mathew Nyabena added that the order issued by Justice Otieno is a coup against the constitution.

“We have clear provisions on how to suspend a sitting Judge. Making drastic orders ex-parte casts doubt as to motives of Judge Otieno. Does he have pending complaints himself? If yes he should declare,” he added.

Lawyer Waikwa Wanyoike who formerly worked with Katiba Institute said that orders issued by Justice Otieno stopping DCJ Mwilu from undertaking her role as Judge, DCJ, Ag. CJ & member of JSC are shocking and defy the legal logic.

He adds that the biggest implication of Justice Otieno’s orders suspending Ag. CJ Philomena Mwilu is that we do not have a competent Supreme Court because only four Judges are left.

The Constitution requires that Supreme Court must have five judges to be properly and competently constituted.

Veteran lawyer Ahmednasir Abdullahi added that judicial orders must always be respected and given full faith and credit.

However, the order by Justice Otieno removing the acting CJ from office is ex facie evidence of gross misconduct and a ‘wilful premeditated act of judicial skulduggery on the part of Justice Otieno.

Senator Kipchumba Murkomen said that revisiting takes a new twist as judge removes acting Chief Justice from office.

“The ‘REVISIT’ takes a new twists as Justice PJ Otieno sitting in Meru removes from office the Ag.CJ Philomena Mwilu as a CJ and a Judge via ex parte conservatory orders” he said.

The judge issued orders restraining Deputy Chief Justice Philomena Mwilu from holding her office or acting as Chief Justice, until a case filed by a Nairobi lawyer is heard and determined.

Justice Otieno also restrained Justice Mwilu from sitting in the Judicial Service Commission (JSC) and from the office of the Ombudsperson of the Judiciary until the case filed by lawyer Isaiah Mbiti Mwongela is concluded.

Mwongela moved to seeking orders against DCJ Mwilu saying there are complaints against her pending before the JSC.

He said it was unfair for her to continue sitting at the JSC or exciting her role as DCJ yet the cases have not been determined.

He adds the functions of the Office of the Ombudsman include, but are not limited to, assisting the Chief Justice in carrying out the preliminary processes in exercising the disciplinary powers vested in the Office of the Chief Justice under Section 15, Part IV of the Third Schedule of the Judicial Services Act and gives effect to Section 8(e) of the Commission on Administrative Justice Act.

“As a member of the 2nd Respondent, the 1st Respondent performs the functions of the said Commission outlined in Article 172 of the Constitution, including appointing, receiving complaints against, investigating and removing from office or otherwise disciplining registrars, magistrates, other judicial officers and other staff of the judiciary” he adds.

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