This archive report was first published on 16 December 2019.
Published on December 16, 2019, by Maureen Kakah
Deputy Chief Justice Philomena Mwilu has filed a case seeking the recusal of Attorney-General Kariuki and the Law Society of Kenya's representative, Macharia Njeru, from her removal case.
She accuses the two of openly and personally acting with a bias against her, citing Kariuki's involvement in her prosecution and Njeru's efforts to fast-track cases against her.
According to Mwilu's defence team, led by Siaya Senator James Orengo and lawyer Nelson Havi, Kariuki's office does not have a role in the initiation and continuation of criminal trials, yet he was part of the team that initiated her prosecution.
Njeru, Mwilu alleges, has made utterances aimed at having her sacked and is seeking to fast-track cases against her with the goal of having her removed from office as soon as possible.
"These two are conflicted in the petition before the commission and are therefore precluded from participating in the deliberations," said Havi.
The Director of Public Prosecution and the Director of Criminal Investigations filed a petition for Mwilu's removal from office before the Judicial Service Commission.
As of June, two petitions had been filed at the JSC seeking the removal of the DCJ, who has been fighting graft allegations.
