Omtata Challenges Letter Appointing Mwilu Acting Chief Justice

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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 Chief Justice.
      omtata also argues that there cannot be an acting CJ because the constitution only recognises the Chief Justice.
DCJ.Phillemona Mwilu and the CJ.David Maraga

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