The High Court has issued an order for Acting Chief Justice Philemon Mwilu to cease acting as Deputy Chief Justice (DCJ), Judge and a member of the Judicial Service Commission (JSC).
This technically throws her out of judicial operations, since she is barred from performing her main functions.
“That a conservatory order be and is hereby issued against the 1st Respondent (Mwilu) restraining her continued occupation of the offices 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,” the court order issued by Justice Judge PJ Otieno read in part.
This follows a case filed by lawyer Isaiah Mwongela, who is accusing Mwilu of abuse of office.
She is also accused of improperly benefiting from Ksh12 million loan from collapsed Imperial Bank.
Law Society President Nelson Havi faulted the order, saying that a judge cannot bar another judge from office.
“A judge cannot issue an injunction restraining another Judge from acting. Besides, Justice Mrima dismissed a similar case. Only two explanations for this; deep state has a lot of dirt on Justice PJ Otieno and has banked a post-dated cheque given to it or the order is a fraud,” he tweeted.