Beheading the Supreme Court: Glaring Flaws in the Kenyan Judicial System

Just after the retirement of David Maraga as the Chief Justice of Kenya, the judiciary has been thrown into a spin as Machakos court ruled that deputy chief justice Philomena Mwilu who also doubles as chief justice in acting capacity is not fit to hold that office due to allegations of graft leveled against her.

The constitution of Kenya failed to address the issue of transition in the office of the Chief Justice. Currently, there is a vacuum as the country has no substantive President of the Supreme Court. Ms Mwilu, serving in an acting capacity, has a baggage of corruption allegations that has come to hound her out of the judiciary.

Senior lawyers and political leaders castigated the Meru High Court verdict that barred Mwilu from holding the offices of deputy chief justice and acting chief justice as the directive has thrown the entire judiciary into quagmire.

The ruling has left the Supreme Court without any representative in the Judicial Service Commission. Former Vice President Kalonzo Musyoka aired his views concerning the verdict terming it as ‘shocking.’ Equally, Senate Minority leader James Orengo described the ruling as “a judicial act of terror.”

Makueni Governor Prof Kivutha Kibwana described the Meru ruling as a coup. He stated that: “Justice PJ Otieno has executed a coup de tat against the judiciary by beheading the Supreme Court.” Ms Mwilu has appealed the decision to remove her, and if the order will be overturned she will have a reprieve that will enable her continue to discharge her duties.

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