Embattled Impeached Deputy President Rigathi Gachagua has lost first round of hearing as court directed the matter was within the law
Gachagua’s defence sought three Judge Bench be nullified, arguing that Deputy Chief Justice Philomena Mwilu don’t have locus standi to do so
A three Judge Bench has disallowed the application seeking their disqualification from hearing petitions challenging the impeachment of the deputy president Rigathi Gachagua.
The judges justice Eric Ogola Freda Mugambi and Anthony Mrima said their appointment by the deputy chief justice phelomena Mwilu was within the law and the administration of justice.
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They said that article 165(4) that gives power to the CJ to empalnel benches also gives the cj the power to delegate the administrative action to her deputy or his Deputy.
They said their appointment was within the law contrally to what the petitioners have raised.
On the issue of the three files that were transferred from Kerugoya High court in which they were signed to hear and determine, the allocation of the file is not within their mandate it is done administratively by the appointing authority.
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They pointed out that the three files the court sitting at Kerugoya did issue a conservatory order, stopping the swearing in of the new nominee to the position of the deputy president.
Upon the files being placed before them on 18th October 2024 the office of the Attorney General filed an application under the certificate of agency seeking to set aside the conservatory order issued by Justice Richard Mwongo in Kerugoya High court.
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The bench was forced to sit on a Saturday and give directions on when the application filed by the AG will be heard.
They said parties to their application nor the petitioners’ lawyers were not present. The directions were communicated electronically, and the bench directed the matter be mentioned on 22nd October 2024.