The Hon. Lady Justice Philomena Mbete Mwilu MGH | |
---|---|
3rd Deputy Chief Justice of Kenya | |
Assumed office 28 October 2016 | |
Appointed by | Uhuru Kenyatta |
Preceded by | Kalpana Rawal |
Personal details | |
Born | Philomena Mbete Mwilu 15 April 1957 Kenya |
Alma mater | University of Nairobi (LLM) University of Nairobi (PhD) |
Occupation | Deputy Chief Justice of Kenya |
Profession | Lawyer |
Philomena Mbete Mwilu (born 15 April 1957) is a Kenyan lawyer and judge,who has served as the Deputy Chief Justice of Kenya and Vice President of the Supreme Court of Kenya since 28 October 2016. Following the retirement of Chief Justice David Maraga,and before Martha Koome was appointed as the Chief Justice,she served as Acting Chief Justice and President of the Supreme Court of Kenya from 11 January 2021 to 19 May 2021,making her the first woman to hold that office. [1] [2]
Philomena Mwilu was born on 15 April 1957 in the present day Makueni County,Kaiti division,Kilala location. She is a mother of four children. Philomena Mwilu is a spouse to Amos Wako,former attorney general and senator for Busia County
She studied at Alliance Girls High School. She then proceeded to study law at the University of Nairobi,graduating with a Bachelor of Laws. In 1984,she was admitted as an advocate of the High Court of Kenya. [1] She returned to the University of Nairobi for a Master of Laws Degree,graduating in 2018.[ citation needed ]
Justice Philomena Mbete Mwilu's long legal career spans over 35 years. She began by practicing law in the firm of "Muthoga Gaturu &Company" in 1984 and later transferred to "Mutunga &Company Advocates". [1] In June 1991 she was appointed senior legal manager at Jubilee Insurance Company Limited,serving in that capacity until 1997. [1]
From 1999 until 2001,she was the Board secretary at the "Electricity Regulatory Board" of Kenya,and later,from 2006 until 2007,she served as the deputy chairperson of the Energy Tribunal. In 2007,she served as a director of the board of Nairobi Water and Sewerage Company and later as chair of the Legal and Human Resource Committees of the board,prior to her joining the Kenya Judiciary. [1]
She was appointed a High Court judge in 2008,first serving in the Commercial Court Division in Nairobi. She was then moved to the High Court in Eldoret. From Eldoret,she was transferred back to Nairobi where she served at the Criminal Division of the High Court. She was appointed the head of the Environment and Land Division of the High Court in January 2012. In November 2012,she was appointed as a Justice of the Kenya Court of Appeal. [1] [3]
In October 2016,she was nominated to take the position of Deputy Chief Justice of Kenya,replacing Kalpana Rawal,who had attained the mandatory retirement age of 70. [4] After interviewing Justice Mwilu and over 14 other nominees,the Judicial Services Commission selected Philomena Mbete Mwilu to become the next Deputy Chief Justice. [5]
In May 2017,she was elected by fellow Judges of the Supreme Court as their representative in the Judicial Service Commission. [6]
Lady Justice Mwilu was one of the judges who heard the 2017 presidential election petition,joining Chief Justice David Maraga as well as associate Justices Smokin Wanjala and Isaac Lenaola in nullifying President Kenyatta's win. [7] When a petition was filed to stop the fresh election that was scheduled following the nullification of the August presidential election,she was one of the Judges who failed to show up in court to hear the petition,forcing Chief Justice Maraga to adjourn the hearing. [8] Aside from the Chief Justice,only one of the remaining six judges was available for the hearing.[ citation needed ]
A day before the hearing,her official car had been shot at while driving through traffic,with her driver sustaining gunshot wounds. [9]
In August 2018,Justice Mwilu was dramatically arrested at her offices in the Supreme Court Building and escorted to the headquarters of the Directorate of Criminal Investigations and later in the evening to court where she was charged with several offences relating to property and loan transactions with the Imperial Bank with had collapsed by then. [10] It was alleged that she had been given unsecured loans by the bank which she failed to pay by taking advantage of her then office as Judge of the Court of Appeal,and that she had failed to pay property taxes to the Kenya Revenue Authority.
She lodged an objection to the criminal proceedings,claiming that as a judicial officer,any allegations of impropriety on her part were to be lodged with the Judicial Service Commission and not the ordinary courts. [11]
A three-judge bench of the High Court delivered a judgment in her petition in May 2019,holding that even though concurrent proceedings could be lodged at the JSC and the criminal courts,the proceedings against the DCJ were flawed since the DCI had obtained evidence against her in an unlawful manner. [12]
Immediately after the judgment,the Director of Public Prosecutions issued a statement condemning the decision,and promising to lodge an appeal with the Court of Appeal. [13]
A week later,a petition seeking her removal from office was lodged with the Judicial Service Commission on which she sits as a representative of the Supreme Court. [14]
The Director of Public Prosecutions,Noordin Haji lodged another petition before the Judicial Service Commission inviting the Commission to investigate her conduct. [15] The Petition followed from the criminal prosecution that had been quashed by the High Court.
When Chief Justice David Maraga went into mandatory retirement on 11 January 2021 on attaining the age of 70 as provided under Kenya's Constitution,Mwilu took over the leadership of the Judiciary as the Acting Chief Justice pending the recruitment of a substantive Chief Justice to replace Maraga. While Mwilu started acting as the Chief Justice on 13 December 2020 when Maraga went on terminal leave ahead of his retirement, [16] the final official hand over of the instruments of power took place on 11 January 2021. [17] She took office despite a case which was filed by an activist who argued that she should not be named the Acting Chief Justice while she was facing a court case on abuse of office and corruption. [18]
Her term as Acting Chief Justice ended on 19 May 2021 following the appointment of Martha Koome as the 15th Chief Justice of Kenya. [19]
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance,in line with the order of the courts in which they sit,so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales,particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.
Willy Munyoki Mutunga,EGH is a Kenyan lawyer,intellectual,reform activist,and was the Commonwealth Special Envoy to the Maldives. He is also an active member of the Justice Leadership Group. He is the retired Chief Justice of Kenya and President of the Supreme Court of Kenya.
The High Court of Kenya is a court of unlimited original jurisdiction in criminal and civil matters established under article 165 of the Constitution of Kenya,2010 as part of the Kenyan Judiciary. It also has supervisory jurisdiction over all other subordinate courts and any other persons,body or authority exercising a judicial or quasi-judicial function. It was known as the Supreme Court of Kenya until 1964. Its name has remain unchanged since then.
The Judges and Magistrates Vetting Board is a board established by the Government of Kenya as a result of the Vetting of Judges and Magistrates Act,2011,which was passed by parliament to create the necessary institutional framework and guidelines for the vetting of judges and magistrates.
The Judicial Service Commission (JSC) of Kenya is an independent Commission established under Article 171 of the Constitution of Kenya. Its mandate as stipulated in Article 172 of the Constitution is to promote and facilitate the independence and accountability of the Judiciary and the efficient,effective and transparent administration of justice. The commission has 11 members with the initial team appointed in December 2010.
Dr. Nancy Makokha Baraza is a former Kenyan judge. She was the first Deputy Chief Justice of Kenya and a member of Kenya's first supreme court after the promulgation of the 2010 Constitution. She served in the court from June 2011 to her suspension in January 2012 and resigned on 18 October 2012. She was appointed to the Kenya Law Reform Commission in 2008 for a term of three years,serving as a vice chairperson until her appointment as deputy CJ. In early 2010,she was elected chairperson of the Media Council of Kenya’s Ethics and Complaints Commission.
The Baraza-Kerubo Village Market incident refers to an incident between the then Kenyan Deputy Chief Justice Nancy Makokha Baraza and Rebecca Kerubo who worked as a guard at the Village Market shopping mall in Nairobi. The incident led to the suspension and subsequent resignation of the Deputy Chief justice after less than one year in office. The village market saga was condemned by many and termed unethical after Nancy Baraza withdrew a gun on the female guard.
The Supreme Court of Kenya is the highest court in Kenya. It is established under Article 163 of the Kenyan Constitution. As the highest court in the nation,its decisions are binding and set precedent on all other courts in the country.
The Court of Appeal of Kenya is established under Article 164 of the constitution of Kenya and consists of a number of judges,being not fewer than twelve.
The chief justice of Kenya is a public office in the Republic of Kenya established under Article 161 of the country's Constitution as the head of the Judiciary of Kenya. Under Article 163,the chief justice also serves as the president of the Supreme Court of Kenya. The chief justice is assisted by the deputy chief justice,who also serves as the deputy president of the Supreme Court.
The Deputy Chief Justice of Kenya is the deputy to the Chief Justice of Kenya and Deputy President of the Supreme Court of Kenya. The office is established under Article 163 of the Kenyan Constitution. The current Deputy Chief Justice is Lady Justice Philomena Mwilu. The office remained vacant from October 12,2012 following the resignation of Nancy Makokha Baraza Court of Appeal Judge Kalpana Rawal was nominated by the JSC to fill the position. Judge Kalpana Rawal was the retired by the Supreme Court of Kenya after a case on retirement age was dismissed at the Supreme Court of Kenya on 14 June 2016.
Jackton Boma Ojwang is a Kenyan lawyer and a retired Justice of the Supreme Court of Kenya. Upon retiring from the Supreme Court,President Uhuru Kenyatta appointed him as chairperson of the Energy and Petroleum Regulatory Authority (EPRA).
Njoki Susanna Ndung'u is a Kenyan lawyer and a justice of the Supreme Court of Kenya. She holds a Bachelor of Laws (LLB) from University of Nairobi and a Master of Laws (LLM) in human rights and civil liberties from the University of Leicester in the United Kingdom. She was born in 1966.
The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010,the general public,through parliament,sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution,a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.
Kalpana Hasmukhrai Rawal is a Kenyan-Asian lawyer and the former Deputy Chief Justice and Vice President of the Supreme Court of Kenya. She was sworn in on June 3,2013 as the Deputy Chief Justice of Kenya in a ceremony presided over by the President of Kenya and the Chief Justice. After a protracted case on the question of the retirement age of Judges who were appointed under the old Constitution of Kenya,the Supreme Court delivered a Ruling which effectively set the retirement age at 70 years,sending the Deputy Chief Justice and one other Supreme Court Judge who had reached 70 on retirement.
David Kenani Maraga is a Kenyan lawyer and jurist. He was the 14th Chief Justice and President of the Supreme Court of Kenya from October 2016 until his retirement in January 2021.
Isaac Lenaola is a Kenyan lawyer and judge,who has served as a Justice of the Supreme Court of Kenya,since 28 October 2016.
Esther Nyaiyaki,is a Kenyan lawyer who works as a Registrar in the Kenya Judiciary. She served as the Registrar of the Supreme Court of Kenya from February 2013 to December 2021 and was involved in handling the petition that led to the annulment of the election of Uhuru Kenyatta as president of Kenya,in August 2017. She serves as a Registrar in the Office of the Chief Registrar of the Judiciary from January 2022.
Justice William Ouko is a Kenyan lawyer and Judge with a wealth of experience in judicial and administrative service spanning over 34 years. He is currently serving as a Judge of the Supreme Court of Kenya. He was nominated by the Judicial Service Commission for the seat of a Judge of the Supreme Court on 5 May 2021. On 14 May 2021,he was appointed to the position by the President of the Republic of Kenya H.E Uhuru Kenyatta,CGH and was subsequently sworn in on 21 May 2021. He served as the President of the Court of Appeal of Kenya prior to his appointment to the Supreme Court,a position to which he was elected on 9 March 2018.
Martha Karambu Koome is a Kenyan advocate who is currently serving as the Chief Justice of Kenya,and is the first woman to occupy the post.
{{cite web}}
: CS1 maint: unfit URL (link){{cite web}}
: CS1 maint: numeric names: authors list (link){{cite web}}
: CS1 maint: numeric names: authors list (link)