Following the retirement of former chief justice David Maraga a gap was left for a new chief justice to take over the role but only after an acting chief justice had ascended to the role. With his retirement, David Maraga appointed justice Philomena Mwilu to serve as an acting chief justice before a new chief justice was appointed. However, this seems to have not gone down well with some of the members of the justice and courts team as ancase was tabled seeking to have Philomena Mwilu removed in her acting capacity as the chief justice. This resulted to her acting role being temporary taken away from her and being blocked from the office of the chief justice in acting capacity.

With all the wars facing Philomena Mwilu, one man who happens to be justice Said Chitembwe held the keys to save Philomena Mwilu to continue serving as the chief justice. However, this was not to come as a gift to Philomena Mwilu but a hefty price had to be paid to see Mwilu restored back as the acting chief justice. Justice Said Chitembwe asked for his name to be shortlisted among the people whose eying for a chief justice position and supreme court judge. Mwilu survived her war with the court after she was restored back having paid the hefty price that was asked for by justice said Chitembwe.

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