The High Court in Nairobi has dismissed a petition lodged by the Director of Public Prosecution (DPP), seeking the removal of Deputy Chief Justice Philomena Mwilu from office.
DCJ Mwilu's job is safe, High Court rules
The High court said the DPP had no legal right to do so.
The DPP, DCI and two other petitioners had lodged disciplinary petitions before the Judicial Service Commission seeking Mwilu’s ouster after the High Court in August 2018 stopped her prosecution over fraud-related charges.
Justices; Said Chitembwe, Roselyn Aburili and Weldon Korir on Friday, November 12 said the DPP and DCI cannot petition JSC to remove Mwilu as allowing them to do so violates the doctrine of separation of powers.
In the case, Mwilu moved to the High court seeking to stop the JSC from hearing 4 disciplinary cases against her.
Mwilu had opposed the JSC hearings claiming two commissioners; Attorney General Kihara Kariuki and Macharia Njeru were biased. The claims were dismissed by the JSC.
The remaining three petitions have been suspended awaiting the outcome of the two appeals filed by Mwilu and the DPP.
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