Impeached Deputy President Rigathi Gachagua has arrived at the Milimani Law Courts for the inter-partes hearing concerning his impeachment. Gachagua is contesting his removal, asserting that the case involves important constitutional matters that justify the involvement of a panel of judges with diverse expertise.
The three-judge bench, led by Eric Ogolla, will first determine whether the case is appropriately before them.
In a letter to the Deputy Chief Registrar, Gachagua questioned the process that led to the case being assigned to the three-judge bench.
“There are preliminary indications that the Chief Justice was not even in the country at the material time in question. For this reason, a formal complaint is being filed with the Judicial Service Commission,” the letter read.
He expressed concerns that the bench would not provide him with a fair hearing, alleging that the rescheduling of the hearing from Thursday to today was intended to expedite the swearing-in of Deputy President-elect Kithure Kindiki.
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Gachagua has indicated that he may file a formal complaint with the Judicial Service Commission to demand an investigation into the handling of his case.
The impeached DP also sought answers on whether the petition which was filed before Justice Mwita was forwarded to the three-judge bench since it was not among the consolidated 19 cases seeking orders to halt the impeachment process in Parliament.
“It is also evident that the jurisdiction of the Chief Justice is being usurped. The lightning speed with which the Kerugoya file was grabbed and directions were issued on a Saturday seems like a well orchestrated plan to trample on the rights of the Petitioner by denying him a fair trial,” he contended.
Justice Freda Mugambi, sitting at the Kerugoya High Court, issued the directive on Saturday amid successive court orders from across the country on the matter.
Gachagua obtained orders from Justice Chacha Mwita on Friday, suspending the Senate’s resolution to impeach him and prohibiting the National Assembly from considering a replacement. This ruling was soon followed by a similar decision from a judge in Kerugoya. Both justices have referred the cases to Chief Justice Martha Koome for the formation of a bench.
