NAIROBI, Kenya – A three-judge bench set to hear the impeachment proceedings against Deputy President Rigathi Gachagua has adjourned temporarily to allow parties to file applications contesting the legitimacy of the bench’s formation.
The bench, comprised of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, was tasked with hearing a state application seeking to overturn orders blocking Interior Cabinet Secretary Kithure Kindiki’s appointment.
Presiding Judge Eric Ogolla directed that the hearing resume at 2 p.m. today, giving both sides an hour to comply with the court’s instructions.
The Deputy President’s legal team, led by Senior Counsel Paul Muite, raised concerns about the process behind the bench’s empanelment, questioning how Deputy Chief Justice Philomena Mwilu appointed the judges to handle the case, which emerged from the Kerugoya courts.
“We seek clarity on the procedure followed by the Deputy Chief Justice in constituting this bench. According to the law, only the Chief Justice has the authority to empanel a bench,” argued Muite.
At the heart of the dispute is an order issued from the Kerugoya court that blocked Kindiki’s appointment.
Shortly after, Solicitor General Shadrack Mose filed an application seeking to set aside the order.
The case was then referred to the newly appointed three-judge bench, sparking protests from Gachagua’s defense team.
The defense questioned how the case file moved from Kerugoya at 4 p.m. to the Deputy Chief Justice, leading to the swift appointment of Justices Ogolla, Mrima, and Mugambi.
They argued that it is constitutionally mandated for the Chief Justice to form any bench hearing such cases, not the Deputy Chief Justice.
“Permit us to raise these matters of national importance,” Gachagua’s lawyers insisted.
They have challenged the delegation of the Chief Justice’s duties, asserting that the empanelment of the bench is a constitutional issue and not merely an administrative one.
The court’s decision to adjourn will allow the legal teams to present their arguments on the validity of the bench’s formation before the hearing proceeds.
The bench, comprised of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, was tasked with hearing a state application seeking to overturn orders blocking Interior Cabinet Secretary Kithure Kindiki’s appointment.
Presiding Judge Eric Ogolla directed that the hearing resume at 2 p.m. today, giving both sides an hour to comply with the court’s instructions.
The Deputy President’s legal team, led by Senior Counsel Paul Muite, raised concerns about the process behind the bench’s empanelment, questioning how Deputy Chief Justice Philomena Mwilu appointed the judges to handle the case, which emerged from the Kerugoya courts.
“We seek clarity on the procedure followed by the Deputy Chief Justice in constituting this bench. According to the law, only the Chief Justice has the authority to empanel a bench,” argued Muite.
At the heart of the dispute is an order issued from the Kerugoya court that blocked Kindiki’s appointment.
Shortly after, Solicitor General Shadrack Mose filed an application seeking to set aside the order.
The case was then referred to the newly appointed three-judge bench, sparking protests from Gachagua’s defense team.
The defense questioned how the case file moved from Kerugoya at 4 p.m. to the Deputy Chief Justice, leading to the swift appointment of Justices Ogolla, Mrima, and Mugambi.
They argued that it is constitutionally mandated for the Chief Justice to form any bench hearing such cases, not the Deputy Chief Justice.
“Permit us to raise these matters of national importance,” Gachagua’s lawyers insisted.
They have challenged the delegation of the Chief Justice’s duties, asserting that the empanelment of the bench is a constitutional issue and not merely an administrative one.
The court’s decision to adjourn will allow the legal teams to present their arguments on the validity of the bench’s formation before the hearing proceeds.
