Delayed swearing-in of three commissioners to JSC and the Attorney General Kihara Kariuki may after all give a lifeline embattled DCJ Philomena Mwilu, reports the Standard.
Besides the delayed swearing-in by Chief Justice David Maraga, State House rejection of Appeals Court Judge Mohammed Warsane could further derail investigations agaisnt Mwilu, which would after all be carried out by JSC.
A JSC commissioner said Maraga insisted that Warsane would be sworn in together with other commissioners after High Court barred parliament from vetting him contrary to State House demand.
"The Chief Justice has insisted that he has to swear them in together. He cannot swear in the rest and leave out Warsame,” said the commissioner in confidence.
“The President is defying the Constitution and JSC has written to him several times and we even have responses, promising that he will gazette Warsame,” the commissioner added.
On Wednesday, High Court suspended criminal prosecution against Mwilu pending hearing constitutionality of the charges.
Also, at the Magistrate court, defense lawyers argued that Mwilu's alleged transactions with collapsed Imperial Bank were civil thus the necessity to have the matter handled by JSC.
With the DCJ sitting in the commission currently with six members out of eleven, a serious quorum hitch could sabotage investigations against her with a likely likely decision to excuse herself.
“As it were, if Justice Philomena Mwilu goes back, they will have a quorum but if she vacates, the JSC will be paralysed," said lawyer Ahmednassir Abdullahi.
The above intrigues could spare Mwilu albeit for now as she launches a fight back.