The Nairobi High Court has rejected an application by the director of public prosecutions for the JSC Judicial Services Commission for the dismissal of Deputy Chief Justice Philomena Mwilu.
The office of the director of public prosecutions had asked the JSC commission to launch an order to remove Judge Mwilu from office after the high court in August 2018 suspended fraud charges against Mwilu.
A panel of three judges, Said Chitembwe, Roselyn Aburili, and Weldon Korir, dismissed the dismissal of the deputy chief justice, saying the office of the director of public prosecutions and the DCI unit could not request the JSC commission to dismiss Judge Mwilu.
The body had filed a lawsuit in the high court demanding that the JSC commission be barred from hearing four cases against him, one of which had been filed by the director of public prosecutions.
In the case, the deputy chief justice claimed that two commissioners of the commission, including Attorney General Kihara Kariuki and Macharia Njeru, may have bias against him.
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