A three judge bench had to prematurely adjourned it’s proceedings after a party questioned the constitutionality of their appointment
Lawyers representing embattled former Deputy President Rigathi Gachagua told the bench that the Deputy Chief Justice Phelomena Mwilu does not have the power under the constitution to appoint a bench to hear matters.
The lawyers led by Senior Counsel Paul Muite, Ndegwa Njiru, Tom Macharia, and Elisha Ongoya said the power to appoint a bench as provided under article 165 sub section (4) is bestowed upon the chief justice.
The lawyers also questioned why three file were allocated to the bench and other petitions were not given directions as to when they were to be heard.
They said the three files have a conservatory order issued by Justice Richard Mwongo sitting in Kerungoya court, the orders stopped the swearing in of a new deputy president.
The lawyers also took issue in manner in which the bench sat on Saturday rising suspicions of sinister motive because the constitution does not provide so.
The Attorney General, on behalf of Executive, has since filed an application seeking to set aside the conservatory order which application was conversed on Saturday and directions were that the matter proceeds inter parties today.
Other lawyers representing their respective petitioners raised their concern about why their files were excluded from the bench.
The lawyers Danstan Omari and Kibe Mungai told the bench that they had filed theirs petitions on 18th October 2024, and same is not before the bench.
Several Senators including Lamu Senator Joseph Kamau, Kiambu Senator Karungu Thang’wa , Nyandarua Senator John Methu and Makueni Senator Daniel Maanzo who doubles up as Gachagua’s Counsel as well as Kipipiri MP Wanjiku Muhia came to show solidarity with the impeached DP