Blow to impeached DP Gachagua as High Court okay DCJ Mwilu’s bench empanelment, slap him wiith cost

Impeached Deputy President Rigathi Gachagua has suffered another setback after the High Court upheld Deputy Chief Justice Philomena Mwilu’s decision to select a three-judge bench to preside over his impeachment proceedings.

The three-judge bench this afternoon rejected Gachagua’s application contesting Mwilu’s authority to constitute it and slapped him with legal cost.

Justices Eric Ogola, Anthony Mrima and Dr Freda Mugambi dismissed the application with costs after faulting lawyers representing the ousted Deputy President for “playing to the gallery”.

They have ruled that DCJ Mwilu’s function as the assistant to Chief Justice Martha Koome was administrative.

“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.

Gachagua’s lawyers had argued that the bench can only be constituted by the Chief Justice, a position objected to by the respondents’ lawyers.

Regarding the decision on whether the bench sat during odd hours and without the presence of parties to the case, the court dismissed the application saying that the hearing was within its jurisdiction.

The State Law Office also notified the court of its intention to oppose the listing of President William Ruto in the suits in violation of presidential immunity.

Attorney General Dorcas Oduor, who appeared together with former Attorney General Githu Muigai, said the President had seperately instructed lawyers to challenge his inclusion.

President Ruto had filed a preliminary objection at the Kirinyaga High Court challenging the nomination of Interior Cabinet Secretary Kithure Kindiki as Deputy President, terming the case as flawed.

Lawyer Adrian Kamotho contended that the nomination of Kindiki to replace Rigathi Gachagua, following his impeachment on Thursday, October 17, can only be challenged as a presidential election petition at the Supreme Court.

He argued that the court, presided over by Justice Richard Mwongo, lacked jurisdiction to determine the case as framed.

“By virtue of Article 165 (5) (a) of the Constitution, the Honorable Court cannot determine the petition as canvassed and/or grant the prayers sought, being a matter reserved for the exclusive jurisdiction of the Supreme Court.” Kamotho pleaded.