Activist Okiya Omtatah has filed a fresh application seeking to stop Deputy Chief Justice (DCJ) Philomena Mwilu from acting as the Chief Justice until she takes an oath of office.
According to Omtatah, the DCJ Mwilu has been violating the law by acting as the Chief Justice since she has not been sworn-in contrary to Article 74 of the Constitution.
“The very grave state of affairs above requires the immediate intervention of this Honourable Court to stop the violations of Article 74 of the Constitution, and to ensure that the respondents discharge their obligation to respect, uphold and defend the Constitution,” he states in court documents.
“Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament,” states Article 74 of Kenya’s 2010 Constitution.
Outgoing CJ David Kenani Maraga formally exited the Judiciary on Monday, January 11, after reaching the mandatory retirement age of 70.
Maraga, who took over the office in October 2106 from Rtd. Chief Justice Will Mutunga, handed over the instruments of power to DCJ Mwilu to hold the position in an acting capacity until a substantive holder is appointed.
On Wednesday, February 17, the Judicial Service Commission (JSC) announced the dates for interviews for the positions of CJ and Judge of the Supreme Court.
The interviews for the 10 shortlisted candidates for the position of CJ will begin on Monday, April 12 at the Supreme Court of Kenya building in Nairobi.
The JSC will interview a candidate per day with Justice Said Juma Chitembwe the first to face the panel.
The other nine candidates who have been shortlisted for the CJ post, in the order of their appearance before the panel are Prof Patricia Kameri-Mbote, Justice Martha Koome, Justice D K Njagi Marete, Senior Counsel Philip Murgor, Justice Mathews Nderi Nduma, Senior Counsel Fredrick Ngatia, Justice William Ouko, Prof. Dr. Dr. Wekesa Moni, and Alice Jepkoech Yano.
The candidates for the Supreme Court Judge position will be interviewed beginning, Monday, April 26 with Justice Said Juma Chitembwe.
The other eight shortlisted candidates for the Judge position in order of their appearance before the JSC panel are: Justice Martha Koome, Justice DK Njagi Marete, Justice Kathurima M’inoti, Justice Mathews Nderi Nduma, Justry Lumumba Nyaberi, Justice William Ouko, Joseph Kiplagat Sergon and Alice Jepkoech Yano.
JSC Secretary, Anne Amadi, has also urged members of the public to provide in writing any information of interest in respect to any of the shortlisted candidates.
The JSC panel comprises Deputy Chief Justice Philomena Mwilu, Justice Mohamed Warsame, Mercy Mwara Deche, Patrick Gichohi, Prof Olive Mugenda, Attorney-General Kihara Kariuki, Felix Kiptarus, Macharia Njeru and Justice David Majanja.
