Siaya senator James Orengo has termed as “judicial act of terror”, the court ruling that bars Chief Justice Philomena Mwilu from serving in the capacity as the acting CJ.
His remarks come against a backdrop of leadership and service delivery crisis in the Judicial Service Commission.
The High Court in Meru on Friday barred Mwilu from acting as Chief Justice and chairing the Judicial Service Commission following a petition questioning her integrity.
The petitioner, Isaiah Mbiti, alleges that Mwilu is facing corruption cases in various courts and the JSC thus unsuitable to ascend to the higher office. Mwilu has appealed all the cases before her and obtained stay orders against the DPP from prosecuting her in some cases.
However, Senator Orengo on Saturday said the ruling signified that the rule of law had broken and ushered in judicial anarchy.
“The rule of law is broken and judicial anarchy sets in when judicial processes are used and abused to achieve unlawful outcomes or brazen political objectives,” the Senate Minority leader said.
He added, “the orders obtained ex-parte against CJ Mwilu (Ag) is an egregious act of judicial terror and oppression.”
Orengo’s complaint joins numerous others who have termed the ruling as outrageous and that it signified the scheme to clip the wings of the Judiciary.
Law Society of Kenya president Nelson Havi, on his part, demanded that Judge Patrick Otieno, who issued the order, be removed from office because of misconduct.
Asserting that the order is a nullity, Havi said the lawyers involved in the petition, including petitioning advocate and his advocate, be disbarred.
“The order made by Justice P J Otieno restraining DCJ and Ag CJ Philomena Mwilu from serving is a nullity ab initio (of no consequence). For good order though, it should be set aside, P J Otieno removed from office and the Petitioner Advocate and his Advocate disbarred. ” He said in a tweet.
Havi said a judge cannot bar another from acting and that a similar petition had been dismissed earlier by Justice James Mrima of the High Court in Nairobi.
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