Impeached Deputy President Rigathi Gachagua has been dealt another blow after the Court of Appeal declined to grant orders to stop the High Court from further prosecuting his ouster case.
Effectively, today afternoon, the High Court will rule on whether Deputy President-designate Kithure Kindiki can be sworn-in or not pending a case filed by Gachagua.
This following a plea filed by the Attorney General and Parliament.
The case will be heard by a three-judge bench comprising Justices Antony Mrima, Eric Ogola and Dr. Freda Mugambi.
Earlier this month, Gachagua impeached by both the National Assembly and the Senate before he moved to court and secured orders stopping his replacement.
Gachagua lawyers first contested the selection of the three-judge bench constituted by Deputy Chief Justice (DCJ) Philomena Mwilu to preside over his impeachment case but the High Court upheld the decision arguing that the Constitution had clearly set out the roles of the DCJ which included substituting the CJ where applicable.
Gachagua moved to the appellate court noting that he is dissatisfied with the ruling delivered last week by a three-judge bench that approved the decision by Mwilu to empanel the bench.
The ousted DP was not pleased with the ruling that DCJ Mwilu had powers to constitute the bench, terming it wrong, mistaken, erroneous and based on a grave analysis of the constitution.
He was of the view that the bench can only be constituted by the Chief Justice.
Gachagua’s fate now lies with the High Court as it is set to decide on whether to approve or block the swearing-in of nominated DP Kindiki.
Kindiki is yet to resign as the Interior and National Administration Cabinet Secretary.
The bench is set to define Gachagua’s tipping point after he was impeached by the Senate on October 17, 2024.