The Court of Appeal has declined a request to halt proceedings in the High Court cases contesting the impeachment of Rigathi Gachagua as Deputy President.
In a ruling delivered on Thursday, October 31, Justices Patrick Kiage, Aggrey Muchelule, and George Odunga set November 6 for the next hearing.
This decision followed an appeal from Gachagua, who challenged the High Court’s previous determination that the formation of a three-judge bench by Deputy Chief Justice (DCJ) Philomena Mwilu was appropriate.
Gachagua’s legal team argued that the empanelment by DCJ Mwilu was unconstitutional, maintaining that only the Chief Justice (CJ) has the authority to form such a bench.
Through his lawyers, Gachagua claimed the High Court misinterpreted Article 165 (4) of the Constitution, contending that the DCJ has no constitutional power to assign judges for a case.
“The applicant contends that the stated ruling is based on not only a misinterpretation of Article 165 (4) of the Constitution but also a violation of Articles 25, 27, 47, 48, 50 (1) and 260, as the Constitution accords the power to empanel and assign judges solely to the Chief Justice of Kenya.
Therefore, the DCJ has no power to assign and empanel judges,” read a portion of the appeal submitted by Gachagua’s team.
In an earlier ruling, High Court Judges Eric Ogola, Anthony Mrima, and Freda Mugambi had ruled that there was no constitutional violation in DCJ Mwilu appointing the bench, as she was acting in place of the Chief Justice.
The judges also dismissed a separate application from Gachagua’s team requesting their recusal, which was based on allegations of the judges’ connections with government officials.
The High Court bench is expected to decide on November 6 regarding the conservatory orders Gachagua requested, which seek to temporarily halt the appointment and swearing-in of a new Deputy President while the case proceeds.
This case has attracted public attention, with the Court of Appeal’s decision keeping the legal process on track and underscoring the role of judicial procedures in cases with high political stakes.
