The judiciary has addressed fake reports alleging that DCJ Philomena Mwiu and Judge Smokin Wanjala have tendered their resignations.

For the better part of Sunday, there were viral reports doing rounds in social media that the two judges were seeking leave from office and had submitted the same report in writing to the Judicial Service Commission.

The judiciary however clarified that the reports were false and misleading.

The allegations come soon after the dismissal of Raila’s Azimio la Kenya One Kenya Alliance petition against the declaration of William Ruto as president-elect.

Some social media users quickly attributed the ‘resignation’ to the recently delivered verdict.

The two judges were part of a seven-judge bench that upheld the victory of president-elect William Ruto having garnered 50.5% of the total votes cast.

The bench found that there were no election illegalities and irregularities of such huge magnitude that should warrant the nullification of an election

James Orengo, counsel for the petitioners maintained that the judgment was not judicial but rather predetermined to serve a particular political purpose.

According to the Constitution of Kenya:

•The Chief Justice and any other judge may resign from office by giving notice, in writing, to the President.

•A judge shall retire from office on attaining the age of seventy years but may elect to retire at any time after attaining the age of sixty-five years.

•The Chief Justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is earlier.

•If the Chief Justice's term of office expires before the Chief Justice retires under clause (1), the Chief Justice may continue in office as a judge of the Supreme Court.

Before being a Supreme Court Judge, Smokin Wanjala was a senior law lecturer at the University of Nairobi. He has also served as Joint Secretary to the Commission on illegally and Irregularly Acquired Public Land (the Ndung’u Commission).

Smokin Wanjala has a Bachelor of Law from Nairobi University, a master of law from Columbia University, and a Ph.D. from the University of Ghent.

Philomena Mwilu pursued her Bachelor of Laws and Master of Laws at the University of Nairobi. She has served on various boards as chair before joining the Supreme Court as a judge.