DP Gachagua write protest letter to Judiciary ahead of tomorrow’s ruling challenging his impeachment
Beleaguered and ousted Deputy President Rigathi Gachagua has today contested the inter-parties hearing slated for tomorrow protesting how a case seeking to halt his impeachment at the Senate was forwarded to the three-judge bench without express instructions from Chief Justice Martha Koome.
Through his lawyer John Njomo, Gachagua wrote to the Judiciary requesting an investigation into how one of the cases challenging his impeachment was assigned to the judges without explicit direction from the Chief Justice.
The three-judge bench comprise of Justices Eric Ogolla, Anthony Mrima, and Dr. Fred Mugambi and is set to begin the sittings tomorrow.
In a six-page letter to the Deputy Registrar of the High Court, Gachagua said it appears there is a coordinated plan to undermine his rights by denying him a fair trial.
He argues the jurisdiction of the Chief Justice is being usurped, as one of the cases challenging his impeachment was moved from Justice Chacha Mwita to a three-judge bench without the express direction of Koome.
The legal team further asserts that the three-judge bench was constituted to oversee six cases and is set to address two more tomorrow, October 22, 2024 despite not being appointed to handle those cases.
The judges are also accused in the letter of stating there was no open date to hear the petitioners’ cases until October 29, 2024.
However, when the government approached the same bench with two new cases, it managed to find availability for hearings before October 29, 2024, including a sitting on Saturday, October 19, 2024.
Gachagua threatened to formally complain to the Judicial Service Commission demanding an investigation into the matter.
“There are preliminary indications that the Chief Justice was not even in the country at the material time in question. For this reason, a formal complaint is being filed with the Judicial Service Commission.” The letter read in part.
