JSC holds closed-door meeting after Mwilu prosecution halted

What you need to know:

  • The meeting is said to have focused on the CJ David Maraga and President Uhuru Kenyatta standoff over new commissioners.
  • Journalists were blocked from the court, denying them access to JSC members for comment.

  • A source says they did not discuss anything to do with the Justice Mwilu matter

The Judicial Service Commission spent the better part of Thursday morning behind closed doors meeting at the Supreme Court, just a day after one of its members — Deputy Chief Justice Philomena Mwilu — succeeded in stopping an attempt to charge her with alleged graft.

Justice Mwilu, a member of the JSC, also attended the meeting.

BUDGET AND HIRING

The meeting is said to have focused on the Chief Justice David Maraga and President Uhuru Kenyatta standoff over new commissioners, the renewal of Judiciary’s Chief Registrar Anne Amadi term, a series of meetings with MPs in Mombasa over their budget and hiring of researchers.

Journalists were blocked from the court, denying them access to JSC members for comment.

Minutes past noon, JSC vice-chairperson Mercy Deche and Prof Tom Ojienda dashed out of the building, giving journalists the cold shoulder.

ATTENTION

The commission is yet to speak out on the Tuesday arrest of Justice Mwilu, which has attracted both local and international attention.

Other members of the JSC that also attended the meeting are Ms Emily Ominde and Justice Aggrey Muchelule. A source within the Judiciary insisted that the JSC was in a normal meeting.

He added that the JSC did not discuss the attempt to prefer 13 counts against the DCJ including abuse of office, tax evasion, forgery and fraudulent recovery of loan securities.

Justice Mwilu on Wednesday obtained a temporary court order barring chief magistrate Lawrence Mugambi from proceeding with her case. She is yet to be charged.

QUORUM HITCH

“They did not discuss anything to do with the Justice Mwilu matter. They can’t. That would be sub judice because the matter is in court and there is even an order issued on the subject. They will be in Mombasa for a series of meetings with the Justice and Legal Affairs Committee. But there is no quorum hitch. In any event Justice Mwilu has not been charged. She was even at the meeting,” the source said.

Director of Public Prosecutions Noordin Haji on Tuesday warned that more Judiciary staff could be arraigned for graft.

STEP ASIDE

The Justice Mohamed Warsame standoff has raised fears that the JSC could suffer a quorum hitch should Justice Mwilu step aside in the wake of her intended prosecution.

President Kenyatta is yet to gazette Justice Warsame as a commissioner. The National Assembly had insisted on vetting him, but the Judiciary opposed the move.

Justice Maraga is yet to swear in Prof Olive Mugenda, Felix Koskei and Patrick Gichohi as JSC members despite them being gazetted by President Kenyatta.