Wamuzi News Ke
Kenya’s Deputy Chief Justice Philomena Mwilu is at the center of a judicial firestorm after a bombshell petition was filed demanding her ouster from the Supreme Court over what has been described as gross abuse of power, incompetence, and blatant constitutional violations.
The shocking petition, lodged by Belinda Egesa on Tuesday, May 13, has sent tremors through the corridors of justice. At the heart of the storm? A controversial move by Mwilu last year, when she unilaterally assembled a three-judge bench to deliberate a high-stakes case involving former Deputy President Rigathi Gachagua’s impeachment — a decision now declared illegal by the Court of Appeal.
In a damning ruling delivered on May 9, appellate judges Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott tore into Mwilu’s decision, affirming that only Chief Justice Martha Koome held the constitutional mandate to form such a bench. The judges branded Mwilu’s actions as an overreach of authority, effectively branding her intervention null and void.
But that’s not all — the petition goes further, accusing Mwilu of violating the 2020 Judicial Code of Conduct, which sets the moral and ethical bar for judicial officers. Lawyers for the petitioner, Bashir and Associates Advocates, slammed Mwilu’s actions as reckless, unconstitutional, and a direct hit to Kenya’s judicial credibility.
The fallout has been massive. Due to Mwilu’s disputed panel, conservatory orders in the Kerugoya High Court were quashed, clearing the path for Prof. Kithure Kindiki to be sworn in as Deputy President — a move that some are now calling procedurally illegal and potentially irreversible.
“The Deputy Chief Justice’s conduct has thrown the legal process into disarray,” Egesa’s legal team declared. “Her continued presence in office raises serious concerns about the Judiciary’s commitment to the rule of law.”
Calls are growing louder for President Ruto to intervene and initiate her removal, as critics say allowing Mwilu to remain in office sends a chilling message that constitutional breaches by top judicial figures will go unchecked.
This isn’t Mwilu’s first brush with controversy. Back in 2019, another petition called for her removal amid serious allegations of corruption, misconduct, and ethical violations.
With the nation’s top court now thrust into a legitimacy crisis, all eyes are on the Judicial Service Commission — will they act swiftly to uphold the sanctity of the law, or will this mark the beginning of a deeper rot within Kenya’s justice system?
Stay tuned.
