DCJ Mwilu seeks recusal of AG Kariuki, LSK rep over bias

Wednesday March 18 2020

Deputy Chief Justice Philomena Mwilu addresses a judges colloquium in Mombasa County on August 19, 2019. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP


Deputy Chief Justice Philomena Mwilu is seeking recusal of the Attorney-General and the Law Society of Kenya’s representative in the JSC from a case on her removal from office.

While proceedings on the matter went on in a closed-door session on Monday, the DCJ filed fresh case documents with the demand against Mr Kariuki and LSK rep Macharia Njeru.

Through her defence team, led by Siaya Senator James Orengo and lawyer Nelson Havi, she has accused the two of openly and personally acting with a bias against her.

She has specifically accused Mr Kariuki of being part of a team that initiated her prosecution yet his office does not have any role in initiation and continuation of criminal trials.


The DCJ accuses Mr Njeru of seeking to fast-track cases against her with the desired goal of having her kicked out of office as soon as possible.


She also accuses him of making utterances aimed at having her sacked.

“These two are conflicted in the petition before the commission and are therefore precluded from participating in the deliberations,” said Mr Havi.

He added: “On account of the foregoing, it is only fair and just that this application be heard and determined in priority as requested.”


The Director of Public Prosecution and the Director of Criminal Investigations filed a petition for Ms Mwilu removal from office before the Judicial Service Commission.

While Ms Mwilu asked the commission not to hear the petition due to her pending appeal with the DPP and DCI, the two are expected to testify as witnesses before the commission.

As at June, two petitions had been filed at the JSC seeking the removal of the DCJ, who has been fighting graft allegations.

A five-judge bench spared her from facing prosecution when it ruled that DPP Noordin Haji lacked the legal basis to charge her since the evidence was obtained illegally.

Four other judges of the apex court - Mohammed Ibrahim, JB Ojwang, Smoking Wanjala and Njoki Ndungu - were also spared from allegations they faced earlier this year.