Gachagua’s 3 judge bench properly constituted – Court

By Peter Ochieng

A legal showdown is expected to take centre stage in the coming days, over impeachment of Deputy President Rigathi Gachagua.

This is after a three-judge bench on Wednesday afternoon ruled that it was properly constituted, to hear Gachagua’s petition against his removal from office.

The impeached DP through his lawyers, had protested against formation of the three-judge bench by Deputy Chief Justice (DCJ) Philomena Mbete Mwilu, arguing that the role is a preserve of Chief Justice (CJ), Martha Karambu Koome.

Mwilu formed the bench consisting of Eric Ogola, Anthony Mrima and Fridah Mugambi over the weekend, in the absence of Koome who was reportedly out of the country.

“It is beyond peradventure that the DCJ can assign judges under Article 165 Sub Article 4 of the constitution whenever he/she is discharging any of the constitutional functions on behalf of the Chief Justice,” Justice Mrima read the ruling on behalf of his colleagues.

“We don’t find any difficulty affirming that the DCJ’s mandate can be administrative and political. It’s a constitutionally administrative function…On our part, we find the DCJ can deputise the CJ in judicial functions but not in the affairs of the JSC.”

On Monday, Gachagua’s advocates wrote a letter to the Judiciary, questioning how one of the cases challenging his impeachment was placed before a 3-judge bench on Saturday, October 19, without consulting Chief Justice.

And in a dramatic turn of events, President William Ruto filed a preliminary objection in a petition against the impeachment of Rigathi Gachagua.

Through lawyer Adrian Kamotho, Ruto said that the court lacks jurisdiction to hear and determine the petition, arguing it is an abuse of the court process.

"The Petition herein has been filed in this Honourable Court in clear disregard of the law, is an abuse of the due process of court, hence cannot be countenanced and/or determined by this Honourable Court," read court documents.

Ruto has been named as the fifth respondent in the case, while the impeached deputy president is named as an interested party.