While a case before the appellate court is being decided, the Court of Appeal has halted the hearing of all petitions filed in the High Court regarding the impeachment of former Deputy President Rigathi Gachagua.
Judges Antony Mrima, Freda Mugambi, and Eric Ogola of the High Court, who were considering the merged petitions, were supposed to give new instructions and schedule a hearing for the substantive petition on Thursday.
That came after the bench consolidated the petitions and wrapped up the hearing of interlocutory applications. However, the Court of Appeal’s order, which was issued on Tuesday, February 25, prevented the matter from moving forward.
Gachagua had filed a challenge to the validity of the bench consisting of Justices Ogola, Mugambi, and Mrima at the Court of Appeal last year, claiming that it was improperly constituted. He had maintained that Philomena Mwilu, the Deputy Chief Justice, rather than Chief Justice Martha Koome, had formed the bench.
He is appealing the DCJ’s decision, arguing that the Chief Justice has the authority to choose the High Court bench and that this authority cannot be transferred. An oral request by Gachagua’s attorneys to halt the proceedings until the appeal was heard and decided was first denied by the High Court judges.
The Deputy Chief Justice (DCJ) can form a bench of judges to hear a case when the Chief Justice is not present, according to a High Court order.
Paul Muite and Elisha Ongoya, Gachagua’s attorneys, contended that the DCJ lacked the authority to assemble the bench. Judges Ogola, Mugambi, and Mrima, in their ruling, then held that the bench was lawfully constituted.
Gachagua’s attorneys requested last month that the court halt its proceedings until the appeal’s verdict was known at a mention for instructions on how the case should proceed.
