Mwilu seeks suspension of cases against her
Deputy Chief Justice Philomena Mwilu now wants Judicial Service Commission to suspend hearing and deliberating on petitions which seek her ousted from Supreme Court.
In preliminary objections filed by her lawyer Nelson Havi, Mwilu wants the petitions to await the determination of the appeals currently in the Court of Appeal touching on the same matter.
The DCJ argues that there are presently two appeals lodged at the Appellate court on the same subject matter of the petitions seeking her ouster.
She had filed a petition at the High Court to stop her prosecution over corruption-related charges and a five-judge Bench quashed the said criminal proceedings on May 31.
Dissatisfied with the decision of the High Court, either in part or in whole, both Mwilu and DPP lodged the appeals against the said the Judgments and with the prosecution filing a petition at JSC seeking her ouster.
“It is undisputed that the DPP’s petition is predicated upon matters that were subject of the criminal proceedings. It is wrong oppressive and abuse of court process for the DPP to institute and pursue a multiplicity of proceedings in different courts concurrently,” argued Mwilu in the application.
The DCJ argues that it would be wrong to allow the proceedings before the JSC to proceed before the hearing and determination and conclusion of the matters pending before the court of appeal and any other appeal mechanisms established by law.
Mwilu notes the origin of the complaint is the criminal proceedings which the DPP deliberately chose to pursue as a criminal matter and not before the JSC as a disciplinary case.
“It is only after the DPP’s mission through criminal proceedings route failed that he has decided to try his luck before the JSC. The DPP is galloping through courts and tribunals looking for any avenue to remove me and conducting a trial by error,” she argued.
According to the top court Judge, the DPPs attempt to separate the matter at this point is disingenuous and a clear betrayal of his ulterior motives.
“The DPP ignores the fact that the proceedings before JSC have a direct bearing on the proceedings that are pending before the court of appeal and would render the appeals nugatory if allowed to supersedes them,” she argued.
It is her argument that JSC has a duty to ensure its own processes, or conduct, do not violate the law or obstruct the administration of justice.
“The aim of the preliminary objection is not to terminate the petition it merely seeks to stay the hearing of the petitions before JSC pending the exhaustion of legally established processes which takes precedent,” she contended. The Preliminary objection will be heard on 16 December by JSC.