This archive report was first published on 12 November 2021.
On November 12, 2021, the High Court of Kenya delivered a significant ruling that has far-reaching implications for the country's judicial system.
A three-judge bench, comprising Justices Said Chitembwe, Weldon Korir, and Roselyn Aburiri, declared a petition seeking the removal of Deputy Chief Justice Philomena Mwilu invalid.
The court ruled that the Directorate of Criminal Investigations (DCI) and the Public Prosecutor had no mandate to file the petition before the Judicial Service Commission (JSC), citing Article 168 (2) as misapplied.
The judges held that DCI George Kinoti and Director of Public Prosecutions Noordin Haji, being State officers, do not qualify as persons who can petition the JSC to remove a judge.
As a result, 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 evidence presented by Kinoti and Haji was illegally acquired.
DCI and DPP had 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 release after successfully contesting criminal proceedings brought against her at a magistrate's court at Milimani Law Courts.
