File image of Rigathi Gachagua
Former Deputy President Rigathi Gachagua has suffered a blow after a three-judge bench dismissed his application opposing Deputy Chief Justice Philomena Mwilu’s decision to select a three-judge bench to preside over his impeachment proceedings.
In a ruling on Wednesday, the three-judge bench said that the DCJ can perform duties on behalf of the chief justice.
Justice Anthony Mrima who read out the ruling pointed out that the Chief Justice’s constitutional decision to allocate benches, which is an administrative function, can be carried out by the DCJ if the CJ is unable to do so for good reason.
“We find that there was a deliberate scheme by DCJ to deputize CJ in the Supreme Court but not JSC. DCJ can assign judges whenever she’s discharging administrative issues and especially when the CJ has not raised objections,” ruled Justice Mrima.
Mwilu had constituted a three-judge bench including Justices Anthony Mrima, Eric Ogola, and Fredah Mugambi to hear impeached Gachagua’s matter.
However, on Tuesday 22 October, Gachagua’s team questioned the legality of the appointment of a three-judge panel to hear the state’s petition challenging the conservatory orders implementing Gachagua’s impeachment.
The legal team also wanted to know when the file stopping the appointment of Kindiki was received from Kerugoya for the DCJ to appoint magistrates Anthony Mrima, Eric Ogola, and Fredah Mugambi to hear the matter.
With regard to the question of whether the bench sat at odd hours and without the presence of the parties to the case, the court dismissed the application on the grounds that the hearing was within its jurisdiction.
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