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Court to determine whether it will proceed with hearing of Gachagua’s impeachment

High court is set to determine whether the hearing of the applications which were filed before a three judge bench will proceed.
The Bench composed of Antony Mrima, Eric Ogola and Fridah Mugambi will determine the application by the applicant to adjourn the matter for three weeks to pave way the court of Appeal determine the matter before it.
Lawyers for the applicant (Gachagua) had earlier appealed the empanelment of the said bench by the Chief Justice Martha Koome.
The application was filed before the High Court requesting the bench to recuse itself and another bench formed to hear the petitions which were filed against the swearing in of Kithure Kindiki as Deputy President.
It was dismissed and the petitioners proceeded and filed appeal in the Court of Appeal challenging the formation of the bench.
Ndegwa Njiru representing the applicants prayed the court to adjourn the hearing of the application for three weeks to wait the determination of the matter they appealed in the Court of Appeal,
“My lords the application was under certificate of urgency because the now deputy president Kithure Kindiki was not sworn in. Since he is now in office, the respondents are no longer suffering the reason we seek for 21 days to wat the ruling from the Court of Appeal
The counsel for the Senate, Senator Tom Ojienda vehemently opposed the application by the applicants stating that the matter was filed under certificate of urgency and the court should not entertain and adjourn the hearing of the application,
“My lords the matter was filed under certificate of urgency and I don’t know why the applicants now are not in haste,” Ojienda submitted.
He urged the court to proceed with the hearing of the applications considering the Court of Appeal has not given a stay order to the proceeding in the High Court.
The application by the applicants for adjournment was opposed to the respondents and supported by the applicants.