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A new petition has been filed at the Judicial Service Commission seeking the removal of Deputy Chief Justice Philomena Mwilu.
The case accuses her of taking powers meant for Chief Justice Martha Koome when she assigned judges to handle the impeachment case of former Deputy President Rigathi Gachagua.
This petition comes only two weeks after Mwilu and other Supreme Court judges got temporary relief in another case that also aimed to remove them from office.
The petition was filed by Belinda Egesa, a Nairobi resident, and received by the JSC on Tuesday.
Egesa wants Mwilu removed for violating the Constitution, gross misconduct, incompetence, and breaking the Judicial Code of Conduct and Ethics 2020.
Mwilu had set up a three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to handle Gachagua’s case, which the petitioner argues was not her role.
According to the petition, Mwilu overstepped her powers under Article 165 (4) of the Constitution when she empaneled the judges on October 18, 2024.
Egesa’s lawyer, Suleiman Bashir, asked the JSC to recommend Mwilu’s removal to the President, saying it is necessary to protect the image of the judiciary.
This comes just four days after the Court of Appeal nullified Mwilu’s move to form the bench, which allowed the swearing in of Professor Kithure Kindiki as Deputy President.
It also follows closely behind another case where Mwilu and six other Supreme Court judges were spared from being disciplined.
In that case, the High Court stopped the JSC from taking action against them, despite rising public and political pressure.
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