Gachaguas moves to complicate more for Kindiki to be sworn in as the new DP

Embattled DP Rigathi Gachagua now moves to the appellate court

Gachagua seeks to stop the high court proceedings, saying that he is not satisfied with the ruling ob the there bench high court judges regarding the DCJ constituting the bench.

Gachagua, in his appeal, has requested the appellate court to suspend the proceedings in the high court, which are scheduled to resume on Tuesday, October 29.

The three-judge bench, comprised of Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi, is set to hear an application from the Attorney General and National Assembly seeking to overturn orders preventing Prof. Kithure Kindiki from assuming the office of Deputy President.

Impeached Deputy President Rigathi Gachagua has appealed against a decision affirming that Deputy Chief Justice Philomena Mwilu acted lawfully in constituting a three-judge bench to adjudicate cases related to his removal.

The three-judge bench, consisting of Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi, is scheduled to hear an application from the Attorney General and National Assembly seeking to set aside orders blocking Prof. Kithure Kindiki from taking office as Deputy President.

Gachagua, through Advocate John Njomo, argues that the ruling by the three-judge bench— which concluded that Mwilu has the authority to assign a bench—is erroneous.

“The ruling was based on a flawed interpretation of the letter and spirit of the Constitution,” Gachagua states.

Last Wednesday, the three-judge bench in Gachagua’s case ruled that the Deputy Chief Justice is legally authorized to constitute a bench.

While delivering the ruling, Justice Anthony Mrima noted that the Deputy Chief Justice can perform duties on behalf of the Chief Justice.

Justice Mrima explained that the constitutional prerogative of the Chief Justice to assign benches, as an administrative function, can be executed by the Deputy Chief Justice when the Chief Justice is unable to fulfill this role for good reason.

“In this instance, we find no fault in the Deputy Chief Justice assigning judges to this bench, especially since the Chief Justice has not raised any concerns.”