Embattled DP Gachagua Runs To Court of Appeal While Impeachment Case Still In High Court
Impeached Deputy President Rigathi Gachagua filed a petition with the Court of Appeal on Monday, October 28, seeking to halt the ongoing proceedings in the High Court while criticizing the three-judge bench.
He requests that the Appellate Court issue an injunction halting the impeachment hearing in the High Court due to dissatisfaction.
This comes after the three judges failed to declare that Deputy Chief Justice Philomena Mwilu acted illegally in appointing them.
Gachagua, through his lawyer John Njomo, stated that the rulings were inaccurate, erroneous, and a misinterpretation of Article 165 (4) of the Constitution.
He also argued that Articles 25, 27, 47, 48, 50 (1), and 260 of the Constitution only give the Chief Justice the authority to appoint a bench, not any other judicial officer.
Gachagua Lodges An Appeal:
— Citizen TV Kenya (@citizentvkenya) October 28, 2024
Impeached DP challenges decision on empanelment
Gachagua argues DCJ Mwilu was wrong to form bench
Gachagua says Mwilu’s action was unconstitutional
Court to hear case that blocked Gachagua replacement #CitizenMondayReport @TrevorOmbija pic.twitter.com/xORckjBp0M
“The applicant contends that the stated ruling is based on not only a misinterpretation of Article 165 (4) of the Constitution but also a violation of Articles 25, 27, 47, 48, 50 (1) and 260 as the Constitution accords the power to empanel and assign judges to only the Chief Justice of Kenya…therefore the DCJ has no power to assign and empanel Judges,” the Petition read in part.
“That the actions and omissions of the impugned Bench are not only, wrong and unlawful but incorrect, and unprocedural,” it added.
According to the petition, Gachagua’s lawyers argued that if the Court of Appeal did not rule in his favour, he would be denied the right to a fair hearing.
He also stated that his prayers should be answered so that his appeal is not rendered null and void.
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“That unless the said orders are issued, any delay shall result in irreparable prejudice of the Applicant’s rights to a Fair Trial & Hearing and ultimate loss of the substratum of his Petition E565 of 2024 which shall ultimately render both the intended Appeal herein and the Petition E565 of 2024 a nugatory, superfluous and moot,” the Petition added.
Last week, three judges, Justices Eric Ogola, Anthony Mrima, and Frida Mugambi, ruled that Mwilu acted lawfully in forming the bench on behalf of Chief Justice Martha Koome.
While reading the ruling, Justice Mrima referred to Article 165 (4) of the Constitution, which he stated authorized the Deputy Chief Justice to act on behalf of the Chief Justice on specific occasions, such as the one challenged by Gachagua’s legal team.
“It is, therefore, our finding that the constitutional function of the CJ to assign benches, being an administrative function, can be performed by the DCJ when the CJ, for good reason, is unable to perform,” noted Justice Mrima.
Embattled DP Gachagua Runs To Court of Appeal While Impeachment Case Still In High Court
