Deputy Chief Justice Philomena Mwilu
A petition has been filed at the Judicial Service Commission (JSC) seeking the removal of Deputy Chief Justice Philomena Mwilu.
The petition filed by Belinda Egesa on Tuesday, May 13, accuses the DCJ of overstepping her constitutional mandate by assigning judges to hear the impeachment case against former Deputy President Rigathi Gachagua.
Egesa argues that Mwilu’s actions have plunged the judiciary into a crisis of credibility and undermined public confidence in the institution’s ability to uphold the rule of law.
The petitioner also accused DCJ Mwilu of contravening the Constitutional and Judicial Service Code of 2020, which outlines the ethical and professional standards expected of judges, judicial officers, and judicial staff in Kenya.
“In the matter of the judicial code of conduct and ethics, complaints of gross misconduct and incompetence, a petition for the removal from office of the Deputy Chief Justice Philomena Mwelu is hereby filed,” the petition read.
The petition follows the Court of Appeal decision, which ruled that it was unlawful for Mwilu to assign judges Erick Ogolla, Anthony Mrima, and Fridah Mugambi a case filed at the Kerugoya High Court over Gachagua’s impeachment.
The ruling was delivered on May 9 by a three-member bench of Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott, who found that CJ Koome had the power to set up such a bench, rendering Mwilu’s decision unlawful.
Egesa says the Court of Appeal’s May 2025 ruling that Mwilu’s appointment of judges was illegal is a sufficient basis for her removal from office.
“The consequence of the unconstitutional conduct of the Deputy Chief Justice in improperly empanelling the bench of three judges resulted in the setting aside of conservatory orders in the Kerugoya High Court, thus greenlighting the swearing-in of Prof Kindiki as the Deputy President, replacing Mr Gachagua,” the petition added.
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