Acting Chief Justice Philomena Mwilu now wants the court to declare human rights activist Okiya Omtatah a vexatious litigant.
Mwilu is hence seeking for Omtatah to be barred and/or restrained from instituting any claims or actions against her without prior leave of the court.
In her replying affidavit, the acting CJ claims Omtatah is harassing her through a smear guerilla attack and campaign to wear her down into quitting and distracting her from performing her role and functions.
“The petitioner is a vexatious, frivolous and galloping litigant who is abusing court process to achieve ulterior motives not connected with the vindication of the law,” read court papers seen by Citizen Digital.
Omtatah in December last year moved to court saying Mwilu, then Deputy Chief Justice, was not fit to act in the office of the Chief Justice upon the retirement of David Maraga.
The activist wanted the court to bar the Judicial Service Commission from appointing Mwilu to act in the office of the CJ before clearing her of corruption allegations levelled against her.
“Pending the inter-parties hearing and determination of this case, the court be pleased to issue a temporary order prohibiting JSC from appointing DCJ Mwilu to act in the office of the Chief Justice unless and until the JSC clears her of the allegations of corruption and abuse of office contained in the pending four petitions seeking her removal,” he said in court papers then.
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