Impeached deputy President Rigathi Gachagua has hinted at filing an appeal at the court of appeal against a ruling that vested powers at the deputy Chief Justice to assign a bench meant to hear and determine his impeachment case.
Gachagua suffered a blow after the bench in their ruling read by Justice Anthony Mrima found it was properly constituted to determine the matters before them stating that Chief Justice Martha Koome vested her administrative power to assign her deputy Philomena Mwilu to constitute a bench.
“We find that there was a deliberate scheme by DCJ to deputize CJ in the Supreme Court but not JSC. DCJ can assign judges whenever she’s discharging administrative issues and especially when the CJ has not raised objections,” ruled Justice Mrima.
Reading part of the lengthy judgment, Justice Freda Mugambi ruled that the illegality of the bench to be formed out of the working hours and days was not merited.
“It is not unusual for the court to issue directions outside the normal working hours. Freda: Court can issue directions without the attendance of parties (ex-parties),” said Justice Freda.
Gachagua’s lawyer Danstan Omari, has said the impeached DP Rigathi Gachagua raised fundamental issues that should warrant the disqualification of the bench
Additionally, Senior Cousel Paul Mwite said he will be seeking to persuade his client to appeal the case over the fundamental issues raised
The three judge judge bench consisting oFreda Mugambi, Eric Ogola and Antony Mrima formed by DCJ Mwilu will hear and determine the application by the state seeking to vacate conservatory orders that blocked the assumption of office of Prof Kithure Kindiki as the next deputy president .
The three presided over Justice Eric Ogola have adjourned Wednesday sitting to Thursday from 9am at the Milimani court premises where the court is still expect to settle more preliminary matters dealing with the jurisdiction of the bench to hear and determine the case.