Kenya

The search for Kenya’s new chief justice has reached a crucial point: an intensive fortnight of candidate interviews by the judicial service commission. But the battle over the future of the jurist leading the search, Kenya’s acting chief justice, Philomena Mwilu, is continuing in parallel. Most recently, the high court judge set to hear a petition that Justice Mwilu be removed as acting CJ and deputy CJ among other positions, because of graft allegations against her, has announced he will recuse himself.

Since 2011 female genital mutilation has been illegal in Kenya – though too late for the 21 percent of girls and women in that country, aged between 15 and 49, estimated to have undergone the practice already. Though the ban was widely welcomed, and was introduced to the National Assembly as the brainchild of the cross-party Kenya Women’s Parliamentary Association, it has not been accepted by everyone. In fact, some traditionalists feel so strongly about it that they have gone to court with a claim that the law banning FGM is unconstitutional.

Kenya’s deputy chief justice, Philomena Mwilu, has been under pressure since she was arrested and charged in connection with corruption and tax related offences in 2018. But that has only increased since former chief justice, David Maraga, left office to take leave, pending retirement, late last year. Early in January 2021, an application, ultimately unsuccessful, was made for her to be prevented from taking over as Acting Chief Justice. And last week, a different application was granted, on an interim basis, for a similar order.