Impeached Deputy President Rigathi Gachagua has filed an appeal challenging the decision that upheld the actions of Deputy Chief Justice Philomena Mwilu in forming a three-judge panel to deliberate on cases related to his removal.
In his appeal, Gachagua is requesting that the Appellate Court pause the ongoing proceedings in the High Court, which are scheduled to resume on Tuesday, October 29.
The panel, composed of Justices Eric Ogola, Anthony Mrima, and Fredah Mugambi, is expected to consider a motion from the Attorney General and the National Assembly aimed at overturning previous orders that prevented Prof. Kithure Kindiki from taking on the role of Deputy President.
Gachagua, represented by Advocate John Njomo, contends that the ruling by the three-judge panel, affirming Mwilu’s authority to assign a bench, is fundamentally flawed. “The decision stemmed from an incorrect interpretation of the intent and principles of the Constitution,” Gachagua argues.
He contends that the Constitution endows the Chief Justice with the authority to form and designate judges, rather than the Deputy Chief Justice.
However, a three-judge panel ruled last Wednesday in the case involving impeached Deputy President Rigathi Gachagua that the Deputy Chief Justice is indeed legally authorized to assemble a bench.
In delivering this judgment, Justice Anthony Mrima stated that the Deputy Chief Justice is permitted to carry out responsibilities on behalf of the Chief Justice. Justice Mrima emphasized that the constitutional role of the Chief Justice in assigning benches, considered an administrative duty, can be executed by the Deputy Chief Justice if the Chief Justice is unable to fulfill it for valid reasons.
“There is no doubt that the Deputy Chief Justice can assign judges as outlined in Article 165, Section 4 of the Constitution, when performing any constitutional responsibilities on behalf of the Chief Justice,” Justice Mrima noted in the ruling.
“In this instance, we see no issue with the Deputy Chief Justice appointing judges to this bench, particularly since the Chief Justice has not indicated any concerns.” The panel was tasked with determining whether the Deputy Chief Justice possesses the legal authority to constitute a bench to address the matter.
The Deputy Chief Justice had formed a three-judge panel, which included Justices Anthony Mrima, Eric Ogola, and Fredah Mugambi, to hear the case concerning the impeachment of Gachagua.
