Kaigangio wrote:Kaigangio wrote:Technically, is Mwilu still in office and as DCJ from tomorrow or a tribunal will have to be formed first to investigate her and to terminate her tenure, ama she will be expected to step aside first
Yes, technically she is but she cannot be on the bench for any hearing since she's already been charged with a criminal offence plus it would be a mistrial in my opinion. What she must do today is step aside but not resigns until her matter is over, who knows, she could be acquitted.
I think it's very tricky for the JSC because the law presumes her to be innocent until found Guilty and I think that is what her lawyers were arguing yesterday at the CJ's office. Complex matters... but the good thing is that the Supreme Court works with a quorum and doesn't really need her on the bench.
BBI will solve it :)