High Court’s Ruling Forces DP Gachagua To Reveal New Strategies
Rigathi Gachagua’s legal team refused to give up on Wednesday, October 23, as they revealed plans to challenge the most recent court ruling, which stated that the Deputy Chief Justice is legally required to form a bench.
All eyes were on Justice Anthony Mrima at the High Court, where he ruled that a Deputy Chief Justice, in this case, Justice Philomena Mwilu, can perform duties on behalf of the Chief Justice.
“It is beyond peradventure that the DCJ can assign judges under Article 165 Sub Article 4 of the constitution whenever he/she is discharging any of the constitutional functions on behalf of the Chief Justice,” Mrima said in his ruling.
This decision has been viewed as yet another setback for Gachagua’s bid to reclaim his Deputy President position.
The judge added, “In this case, we do not find any fault in the DCJ assigning judges to sit in this bench more so when the CJ has not raised any red flag.”
Moments after the ruling, Senior counsel Paul Muite issued a rejoinder, suggesting the battle between the ousted Deputy President and the Government was set to go on.
Paul Muite: I will certainly be seeking to persuade my client to appeal. pic.twitter.com/3Sf3hW4zm8
— NTV Kenya (@ntvkenya) October 23, 2024
“Speaking for myself, obviously the decision is that of the client. I will be advising the client but it is for the client to make the final decision,” Muite said before affirming that he will advise Gachagua to appeal the ruling.
He added: “But in fairness to me and the counsel, I will be seeking to persuade my client to appeal.”
The Deputy Chief Justice constituted a three-judge bench to hear Gachagua’s impeachment case, which included Freda Mugambi, Eric Ogola, and Antony Mrima.
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However, the impeached DP’s legal team argued that only the Chief Justice could appoint a bench.
Despite Paul Muite’s best efforts, Gachagua’s final chance to save his seat as Deputy President now sits with the judges he wanted removed from his case.
Following the most recent court ruling, the hearing of applications in Gachagua’s impeachment case at the High Court will resume on Thursday, October 24.
Gachagua’s dwindling chances of retaining his Deputy President seat rest with the judiciary, as the High Court may find his impeachment unfair and unconstitutional.
High Court’s Ruling Forces DP Gachagua To Reveal New Strategies
