DCJ Mwilu faces another ouster attempt following Gachagua impeachment dispute

A fresh petition has been filed at the Judicial Service Commission (JSC), demanding the removal of Deputy Chief Justice (DCJ) Philomena Mwilu over her role in the impeachment case against former Deputy President Rigathi Gachagua.

The petitioner, Belinda Egesa, argues that Mwilu overstepped her constitutional authority by assigning judges to the case, a power that belongs solely to Chief Justice Martha Koome.

This petition, filed on Tuesday, is the latest in a series of legal challenges targeting Mwilu, coming only weeks after she and other Supreme Court judges received a temporary reprieve from a previous ouster bid.

Egesa’s petition accuses Mwilu of gross misconduct, incompetence, and violation of the Constitution, specifically citing her decision to empanel a three-judge bench, comprising Justices Eric Ogolla, Anthony Mrima, and Lady Justice Dr. Freda Mugambi on October 18, 2024, to hear Gachagua's impeachment case.

The petitioner argues that this action violated Article 165 (4) of the Constitution, which entrusts the Chief Justice with such responsibilities. Egesa further claims that Mwilu’s actions contravened the Judicial Code of Conduct and Ethics 2020.

Suleiman Bashir, Egesa’s lawyer, called for the JSC to find Mwilu guilty of these charges and initiate her removal process.

"JSC should recommend to the President under Article 186 to remove her from office… this will safeguard the credibility of the judiciary," Bashir stated in the petition.

This fresh petition follows a significant ruling just days earlier, when the Court of Appeal overturned Mwilu’s decision to empanel the bench that cleared the way for the swearing in of Professor Kithure Kindiki as Deputy President.

It also comes amid heightened pressure on Mwilu and other Supreme Court judges, who recently won a reprieve in a separate case that sought their ouster.