A court clerk who previously worked for Deputy Chief Justice Philomena Mwilu described her as a likeable, soft-spoken but firm in her decisions.
She is also easy to communicate with, a good listener, slow to anger but don’t dare provoke her, he warned.
For those who were glued to their TVs in August 2017, watching the captivating drama that was the election petition filed by ODM leader Raila Odinga, will attest to this.
The DCJ was quiet most of the time but when she stopped counsel while making submissions, her questions were simple and stinging.
Justice Mwilu was among judges who nullified the 2013 presidential election in, a majority decision.
Soon after the nullification of the election, Justice Mwilu’s troubles started. At first, it was an attack on her aide, a scaring move that made her miss the hearing of a second petition, filed to challenge the repeat poll. The case was never heard because of lack of quorum.
This was to be followed a few months later by her planned arrest over claims of fraud and abuse of office. She later challenged the planned prosecution and a bench of five judges quashed the charges, over the manner in which the police obtained the evidence.
Tribulations
Speaking during the burial of Machakos Senator Boniface Kabaka, Justice Mwilu spoke of her tribulations. “For those who have been in this country in the past three years know that I have been tested to the limit,” she said.
She caused a laughter when she repeated what the priest had earlier said. “For those who think that some of us will not go to heaven,” she said before switching to Kamba, “Heaven does not belong to your mother.”
Resilient you might say of her but Justice Mwilu is a quiet schemer. She now holds the highest office in the Judiciary, albeit in an acting capacity. Attempts to shake her from her post have all come to naught.
Other than being the acting CJ, Justice Mwilu is also the Supreme Court’s representative at the JSC and plays a key role in the employment and promotion of judges.
Before she joined the Judiciary, Justice Mwilu had served as an advocate for over 32 years.
Many will be watching her in the next few months as the recruitment of the next CJ commences. Who knows, the jurist, who was mostly unknown before being appointed the DCJ, might become the country’s first female Chief Justice.