A High Court in Meru has barred Deputy Chief Justice Philomena Mwilu from holding office or acting as Chief Justice.

Justice Patrick Jeremy Otieno issued the orders against DCJ Mwilu until a case filed by Nairobi lawyer Isaiah Mbiti Mwongela is heard and determined.

In his order, Justice Otieno also barred her from sitting in the Judicial Service Commission (JSC) and being a member of the Judiciary Ombudsperson until the case is heard and determined.

The order blocks the DCJ from sitting in the JSC and taking part in the process of selecting the next CJ who will take over from David Maraga, who retired from the post earlier in January.

The CJ selection process is set to commence after applications window close on February 10.

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The ruling has left the Judiciary in a muddle since as a judge, Mwilu can only be removed from office through a tribunal which is appointed by the President to investigate her conduct.

Four petitions have been filed against the DCJ, including two by Director of Public Prosecution (DPP) Noordin Haji and Director of Criminal Investigations George Kinoti, pending before JSC.

But the High Court suspended the case by Haji following a challenge filed by Mwilu even as the charges against the DCJ were dismissed by a five-judge bench, a move the DPP has appealed.

Lawyer Mwongela, in his affidavit in court, has cited past cases against Mwilu as reasons for filing the petition saying he was doing so in public interest.

He asserts that he has sufficient grounds to institute criminal proceedings against Justice Mwilu and how she is unfit to hold public office.

He has named the DCJ and the JSC as respondents and the Attorney-General, Director of Public Prosecution (DPP) and Director of Criminal Investigations (DCI) as interested parties.

The lawyer argues that Mwilu’s current judicial posts could interfere with her prosecution and cites two pending cases before the courts as the basis for her removal from office.

In one case at the Anti-Corruption court, she is accused of using her office to get a benefit of Sh12 million at Imperial Bank headquarters, Westlands in 2013 as she was an Appellate judge.

Mwilu also faced a charge over claims that at Imperial Bank, she and others induced Receiver Manager Ahmed Mohamud to execute discharge of securities for a Sh60 million loan in 2016.

The hearing has been set for February 12.