Embattled Deputy President Rigathi Gachagua is requesting the Court of Appeal to stop the three-judge bench at the High Court from proceeding with his impeachment case pending the hearing of his appeal.
Through his legal team, Gachagua has filed an appeal challenging the High Court’s recent decision that upheld Deputy Chief Justice Philomena Mwilu’s authority to form a bench to oversee the impeachment proceedings. Gachagua argues that the three-judge bench, comprising Justices Eric Ogola, Freda Mugambi, and Antony Mrima, erred in ruling that Mwilu acted within her legal mandate when establishing the bench.
In his appeal, Gachagua contends that only the Chief Justice has the authority to assign and empanel judges under Kenya’s Constitution. He claims Mwilu’s decision violates several constitutional provisions, including Articles 25, 27, 47, 48, 50 (1), and 260, as well as Article 165 (4), which he argues has been misinterpreted in the High Court’s ruling.
“The said ruling is wrong, mistaken, erroneous, and not only based on a grave misinterpretation of Article 165 (4) of the Constitution,” court documents filed by Gachagua’s legal team state.
The Deputy President further criticizes the three-judge bench for refusing to extend interim conservatory orders in the impeachment case, an action he describes as “unfair” and “arbitrary.” According to Gachagua, the bench’s refusal to prolong these orders disregarded constitutional rights enshrined under Articles 20, 21, 22, 23, 47, 48, and 50.
The appeal signifies Gachagua’s dissatisfaction with last week’s High Court ruling, which dismissed his application to disqualify the bench. He now seeks the Court of Appeal’s recourse to stay the High Court proceedings as he contests the ruling.
