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Deputy Chief Justice (DCJ) Philomena Mwilu is staring at possible removal from office following a petition accusing her of judicial misconduct linked to the impeachment proceedings against Deputy President Rigathi Gachagua.
The petition, filed before the Judicial Service Commission (JSC) earlier this week, alleges that Justice Mwilu improperly influenced legal outcomes related to the case, undermining the independence of the judiciary. Though the petition remains sealed, sources privy to its contents say it accuses the DCJ of holding private meetings with political figures perceived to have vested interests in Gachagua’s ouster.
The JSC has acknowledged receipt of the petition and confirmed it is under preliminary review. “We have received a petition seeking the removal of a senior member of the Judiciary. Due process will be followed as outlined in the Constitution,” said a senior official at the Commission, speaking on condition of anonymity.
Justice Mwilu has yet to respond publicly to the allegations. However, allies close to her have dismissed the petition as politically motivated and lacking in merit. “This is nothing but a smear campaign aimed at intimidating the judiciary during a politically sensitive time,” said one source familiar with her legal team.
The impeachment proceedings against Gachagua, initiated by a section of lawmakers citing alleged abuse of office and gross misconduct, have deeply divided the political landscape. The Judiciary has been under pressure to ensure fair and impartial handling of related court challenges.
Legal experts warn that any substantiated claims of judicial misconduct could have far-reaching implications. “If the allegations against the Deputy Chief Justice are proven, it could shake public confidence in the judiciary, especially given the high political stakes involved,” said constitutional lawyer Charles Kanjama.
The JSC is expected to make an initial determination in the coming weeks on whether the petition warrants a full tribunal hearing.
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