Feb 19th, 2021 A new petition has been filed before the High Court seeking to compel acting Chief Justice Philomena Mwilu to be sworn in before executing further duties of the office.
In a case filed under certificate of urgency, the petition also seeks to declare all actions or duties discharged by Deputy Chief Justice as the acting Chief Justice , are in violation of the constitution and therefore invalid.
In her acting capacity, Justice Mwilu has been constituting benches of judges of the High Court to hear disputes that require uneven number of judges.
Among the cases she constituted a bench to hear several disputes concerning the Nairobi Deputy Governor Anne Kananu Mwenda.
Activist Okiya Omtata argues that before assuming a state office, acting in a state office or performing any functions of a state office, a person is required to take and subscribe to the oath or affirmation of office, in the manner and form prescribed.
Justice Mwilu took over from retired Chief Justice David Maraga who completed his tenure in early January.