Deputy Chief Justice (DCJ) Philomena Mwilu's name is on the spot again after two petitions were filed on Wednesday before the Judicial Service Commission (JSC).
The two petitioners, Alexander Mugane and Peter Kiriki want the JSC to suspend Mwilu and a team of judges formed to look into her code of conduct.
“I urge the commission to take decisive actions by suspending lady justice Philomena Mwilu from its deliberations and those of the Supreme Court and to recommend the appointment of a tribunal to probe her conduct,” reads part the petition papers quoted by Citizen Digital.
This comes barely a fortnight after a bench of five judges; Hellen Omondi, Mumbi Ngugi, Francis Tuiyot, William Musyoka and Chacha Mwita quashed the DCJ's case citing illegality in the way evidence against her was collected by Director of Public Prosecution Noordin Haji.
Mwilu was facing up to 13 counts of offences which included evading paying her taxes.
However, the two petitioners have now come out to ask that her case be reviewed again, as evidence against her were not only factual but also legal hence criminal proceeding would have commenced.
“It is my view that makes her continued participation in the affairs and deliberations of the JSC and Supreme Court a mockery of chapter six of the constitution,” says Mugane in the petition papers.