Impeached Deputy President Rigathi Gachagua has filed an appeal with the Court of Appeal, expressing dissatisfaction with a recent ruling by a three-judge bench.
Gachagua argues that the decision, which determined Deputy Chief Justice Philomena Mwilu had the authority to form the bench, was flawed and based on an incorrect constitutional interpretation.
In his appeal, Gachagua requests that the Court of Appeal halt the High Court proceedings until the appeal can be fully heard. He argues that without such an order, any delay will cause him irreparable harm, jeopardizing his right to a fair trial and potentially rendering his appeal and the associated Petition E565 of 2024 meaningless.
Did you read this?
Gachagua has voiced concerns that the current bench might proceed with hearing applications and petitions in a manner he claims could violate constitutional principles.
His legal team contends that the three-judge panel wrongly refused to extend interim orders initially issued in his favor despite his efforts to secure an extension through oral submissions. The application states that the bench’s actions were “unlawful, incorrect, and procedurally flawed.”
Previously, the court had ruled that DCJ Mwilu’s role as deputy to Chief Justice Martha Koome was administrative. The three-judge bench, composed of Justices Freda Mugambi, Eric Ogola, and Antony Mrima, noted that the Constitution allows the DCJ to substitute the CJ where necessary.
Would you like to include updates on political and legal cases in your "Tubonge" platform, or are there specific regional or topical focuses you have in mind for the news section?
