Deputy Chief Justice Philomena Mwilu has been barred by the High Court from acting as Chief Justice pending determination of a case filed against her by lawyer Isaiah Mwongela.
In a ruling issued on Friday, High Court Judge PJ Otieno barred Mwilu from serving as a member of the Supreme Court and the Judicial Service Commission.
Having been barred from serving in the Supreme Court bench, Mwilu, therefore, can’t act as Chief Justice, since the law requires the holder of the office to be a judge of the highest court in the land.
“That a conservatory order is hereby issued against the first respondent restraining her continued occupation of the offices of the Deputy Chief Justice, Judge of the Supreme Court of Kenya, member of the Judicial Service Commission and Ombudsman of the Judiciary,” the ruling read in part.
The hearing has been set for February 12, 2021.