Gachagua challenges High Court ruling in urgent appeal

By Robert Mutasi 

Impeached Deputy President Rigathi Gachagua has filed a petition before the Court of Appeal, protesting the recent ruling from the High Court that he claims was founded upon misinterpretation of the Constitution. 

The petition, filed as part of Gachagua's ongoing legal battle since his impeachment, brought forth weighty constitutional questions that he said placed his right to a fair trial in jeopardy.

In a petition through his lawyers, Gachagua argues that the decision by the DCJ violates Articles 25, 27, 47, 48, 50 (1), and 260 of the Kenyan Constitution.

He intimates that the sole prerogative of empaneling and constituting a court with judges rests solely with the Chief Justice of Kenya and, in effect, questions the authority of the DCJ when he constituted the bench.

The petition, in part, reads: "The applicant contends that the said decision is premised on a misinterpretation of not only Article 165 (4) of the Constitution but also an illegality of the law."

In his appeal, Gachagua has challenged the legal moves undertaken by the impugned judicial bench as defective and unlawful.

He pointed out that these acts are not only wrong on the merits but also procedural errors likely to seriously prejudice the validity of his trial process.

Applicant submits that unless the Court of Appeal intervenes, delay on the part of these issues might amount to irreparable prejudice of his rights, particularly on the fairness of the trial and, more importantly, loss of the substance of his petition.

As the petition avers, "The loss of the substratum of his Petition E565 of 2024 shall ultimately render both the intended appeal and the petition nugatory, superfluous, and moot," underlining the need for urgency. 

In prevailing political backlash consequent to his impeachment, Gachagua remains adamant that he was a victim of an unjust process intended to undermine his position and credibility.

If the Court of Appeal agrees with Gachagua's argument, then this might have implications in determining what kind of power the DCJ has over judicial postings and how the courts could discharge or adjourn cases relating to big-time political personalities in the future.

The Court of Appeal is supposed to schedule a hearing as soon as possible owing to the weight of Gachagua's claims.