Court of Appeal declines to suspend bench hearing Gachagua’s case

By Peter Ochieng

The Court of Appeal has handed yet another blow to impeached Deputy President (DP), Rigathi Gachagua.

Justices George Odunga, Patrick Kiage and Agrey Muchelule declined to issue an order, stopping a three-judge High Court bench from hearing Gachagua’s petition, against his impeachment by the Senate.

Gachagua had moved to Court through his lawyers, stating that Deputy Chief Justice (DCJ) Philomena Mbete Mwilu erred in forming the bench, consisting of Eric Ogolla, Anthony Mrima and Fredah Mugambi.

His legal team led by seasoned lawyer Paul Muite, argued that the mandate of forming a bench solely lies in the hands of Chief Justice (CJ) in this case, Martha Karambu Koome.

Mwilu assembled the team while Koome was out of the country.

This week, the three judges declined an invitation by Gachagua’s legal team to recuse themselves from the petition, ruling that DCJ Mwilu did not go against the law in forming the team.

Odunga, Kiage and Muchelule also declined to issue an order, suspending the expected swearing in of Kithure Kindiki as the next Deputy President, in place of Gachagua. T

hey set November 06, as the hearing date. Petitioners David Munyi and Peter Gichobi had on October 18 moved to Court to block Kindiki's swearing-in.

"That in light of the nature of the matters raised herein as noted in Order 3 herein, conservatory orders are hereby issued against implementation of the resolution of the Senate in terms of Prayer of the Notice of Motion, preventing any person including the 2nd interested party appointed by the President and approved by the National Assembly from assuming the office of the Deputy President," ruled a Kerugoya Law Court.

The Court of Appeal ruling comes hours before justices Ogolla, Mrima and Mugambi deliver a ruling on whether or not to lift orders suspending Kindiki’s swearing in.