A three-judge bench has rejected an application by impeached Deputy President Rigathi Gachagua concerning the appointment of judges by Deputy Chief Justice Philomena Mwilu.
In a ruling delivered by Justices Eric Ogola, Freda Mugambi, and Anthony Mrima, the court determined that Mwilu's empanelment of the three-judge bench was both appropriate and in accordance with procedure.
Deputy Chief Justice Mwilu had appointed the bench to hear a state petition challenging the conservatory orders granted to Gachagua.
“It is, therefore, our finding that the constitutional finding 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,” the bench ruled.
“We do not find any fault by the DCJ in appointing this bench especially when the CJ has not raised any flag.”
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On Tuesday, October 22, Gachagua’s team had questioned the legality surrounding the appointment of three-judge benches which was tasked with hearing the petition by the state challenging the conservatory orders on the implementation of Gachagua’s impeachment.
According to the petitioners, the DCJ did not have the power to appoint a bench to hear a matter.
They held that only Chief Justice Martha Koome could appoint a bench to hear a matter.
Notably, the respondents in the case led by Attorney General Dorcas Oduor maintained that the DCJ could make the appointment in the absence of the Chief Justice.
Following the ruling, Gachagua’s legal team led by Senior Counsel Paul Muite revealed that they would advise his client to appeal the decision.
“I will be seeking to have my client appeal,” Muite announced.
