The High Court will resume hearings on applications in Rigathi Gachagua’s impeachment case this morning at 9 a.m. in the Milimani Ceremonial Hall.
The three-judge bench will consolidate all petitions and address issues raised by the petitioners regarding events that allegedly occurred in both houses of Parliament.
A recusal application is scheduled to be heard in the afternoon.
The impeached Deputy President, faced another setback on Wednesday when the High Court upheld Deputy Chief Justice Philomena Mwilu’s decision to constitute a three-judge bench.
His lawyers argued that Mwilu lacks the constitutional authority to form benches under Article 165 (4) of the Constitution, claiming this function is exclusively reserved for the Chief Justice.
Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi dismissed the application with costs, ruling it lacked merit and affirming that the Deputy Chief Justice can perform duties on behalf of the Chief Justice.
Justice Mrima emphasized that the Chief Justice’s role in assigning judges is an administrative function that the Deputy Chief Justice can carry out when unavailable.
The Court also noted that the petitioners had expressed dissatisfaction when the Court’s directions did not favour them, questioning why concerns were not raised when conservatory orders and directions were issued after working hours, according to the Case Tracking System.
Gachagua’s lead counsel, Paul Muite, also sought clarification on why the file from Kerugoya was specifically transported to Nairobi on a Saturday for the Deputy Chief Justice’s appointment.
The state, represented by senior counsels Prof. Githu Muigai and Tom Ojienda, concurred with the ruling, but Muite indicated plans to appeal.
Additional reporting by Ruth Wamboi
