DCJ nominee vows to end cartels, unite judges

Lady Justice Philemona Mbete at Supreme Court buildings on October 3, 2016 where she was interviewed for the position of Deputy Chief Justice. She said she would have no qualms whatsoever in disciplining a judge who breaks the law. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • Other transformations she seeks to bring about in the Judiciary if her nomination goes through are fighting cartels in the system.
  • Mrs Mwilu graduated from the University of Nairobi and was admitted as an advocate of the High Court of Kenya in 1984.

Justice Philomena Mwilu beat 16 other candidates to bag the nomination for Deputy Chief Justice.

The Court of Appeal judge, who has 32 years’ experience in the judicial service and who said she supports polygamy “as long as there is peace in the family”, had made it clear while being interviewed that she wants the Chief Justice to appoint her to the corruption docket as she is capable and equipped to handle it.

She had said that she would form a team in the judiciary entirely dedicated to rooting out corruption.

“I will set systems in place to prevent incidents of corruption, to catch it when it happens and punish it severely when it is caught,” she said.

Other transformations she seeks to bring about in the Judiciary if her nomination goes through are fighting cartels in the system, seeing the number of women in the Supreme Court increased to three and maintaining discipline for sitting judges.

The Judicial Service Commission made the announcement Monday afternoon in a statement sent to newsrooms.

“The JSC, after lengthy deliberation, recommended Hon Lady Justice Philomena Mbete Mwilu for appointment as Deputy Chief Justice and has submitted the name to His Excellency the President,” the statement signed by Commissioner Margaret Kobia, the acting chair of JSC, read in part.

If President Uhuru Kenyatta approves her nomination and it is subsequently approved by Parliament, then it will appear like the position is traditionally reserved for women, following the previous occupants.

She will succeed Justice Kalpana Rawal who was retired from her position due to an age requirement.

The other person who had held that position before was Nancy Baraza, who resigned following recommendations by a tribunal set up to inquire into her handling of a security guard during a confrontation at the Village Market, Nairobi.

The tribunal said her actions amounted to gross misconduct.

Mrs Mwilu graduated from the University of Nairobi and was admitted as an advocate of the High Court of Kenya in 1984.

MY PLAN
She served in the Commercial Division in Nairobi, at the Eldoret High Court and the Civil Appeals sub-division of the High Court, the murder section of the Criminal Division and later headed the Environment and Land Division of the High Court.

She practised law in the firms of Muthoga Gaturu & Company and later Mutunga & Company Advocates and worked as company secretary and headed a state corporation before being appointed a judge of the High Court in 2007.

In her interview, she described herself as full on integrity, and one who wants to unite the Judiciary, revitalise it and make it more vibrant.

She said she would have no qualms whatsoever in disciplining a judge who breaks the law.

“All judges are equal, but not equal when doing something wrong. We must not be afraid of dealing with a problem when it occurs and I‘ve realised when you engage with people, a solution is on the way," she had told the JSC.

But she also said that she would ensure, depending on merit, those judicial staff who are deserving of promotions which have so far never materialised would be promoted.

Further she indicated that she would strengthen mentorship in the Judiciary for younger officers, something that is currently lacking, improve supervision and generally strengthen the Judiciary.

Mrs Mwilu who said she is a firm supporter of women rights had said that the judiciary is one of the best employers of women in the country as more than 50 per cent of its staff were women.

However, she asked for more representation in the Supreme Court saying the number of women be increased to three.

In the past, out of seven members who sit on the bench, only two have been ladies.