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| Hon. Philomena Mwilu (left) |
Then again, in Kenya,
there is a call to court-martial the (civilian) deputy chief justice. Excerpt:
Political analyst Mutahi Ngunyi has opined that Deputy Chief Justice (DCJ) Philomena Mwilu should now face the military court.
Through his Twitter handle, Mutahi argued that President Uhuru Kenyatta should evoke the 'Doctrine of Civil Necessity' to stop the judiciary's alleged failure to support the war against corruption.
"Corruption is the State of War and the Judiciary continues their Civilian Coup. They should be stopped," Mutahi quipped.
In this view, he indicated that President Uhuru should have the Deputy Chief Justice face court-martial which he felt would more independently handle the matter.
Doctrine of Civil Necessity is the basis on which extra-legal actions are taken by state actors, and which go outside the purview of the constitution but are necessary to preserve political stability.
His sentiments came shortly after High Court Judge Chacha Mwita suspended the criminal case against DCJ Mwilu.
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