Omtata Challenges Letter Appointing Mwilu Acting Chief Justice
By:Peace Benshazy The human rights activist Okiya Omtatah challenged the outgoing chief justice David Maraga's letter of appoitment giving authority to his deputy Philomena Mwilu to take over as he retires. Omtata who filed a case last week seeking to stop Mwilu from acting as Cj now says Maraga has no powers to appoint his deputy. The activist wants the court to suspend the appointment of Mwilu. The Cj is expected to return to office by 11th of January after his leave. Maraga will hand over power to Mwilu to act as Cj for a period not exceedding 6 months as per the constitution. However,Omtata had dismissed the letter claiming that Maraga has no powers to appoint his deputy as the acting Cj. "The letter is unconstittutional for creating the position of an acting Cj,a position not contempleted by the constitution,"cited Omtata. According to the court documents,there is no privision in the constitution for the DCJ or any other person to act as Chie