High Court Pushes Gachagua Case Further
A petition disputing former Deputy President Rigathi Gachagua’s impeachment is scheduled for mention in January 2025, as directed by Nairobi’s High Court on Thursday.
The petitioners had asked the court to delay proceedings until the Court of Appeal decided in a related case. This case involves Gachagua’s challenge against a ruling that found Deputy Chief Justice Philomena Mwilu acted constitutionally when appointing a three-judge bench to handle the ouster case.
“The amendment of the petition is granted, and petitioners are to serve it within 30 days,” the court directed after one of the cases in the matter was withdrawn.
The case is set for mention on January 23, 2025.
On Wednesday, Gachagua withdrew his appeal at the Court of Appeal, which sought to pause High Court proceedings in his impeachment matter.
Gachagua had specifically aimed to prevent the High Court from lifting conservatory orders that delayed his replacement and the swearing-in of Kindiki as the new Deputy President.
Last week, the High Court lifted the conservatory order, enabling Kindiki to officially take office as Deputy President.
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During the case’s mention on Wednesday, Gachagua’s lawyer Paul Muite informed Court of Appeal judges Patrick Kiage, Aggrey Muchelule, and George Odunga that his client opted to withdraw the appeal.
Gachagua argued that the bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi was improperly constituted by Deputy Chief Justice Philomena Mwilu instead of Chief Justice Martha Koome, as required.
“The contested bench vacated the conservatory orders, allowing Prof. Kithure Kindiki to be sworn in as Deputy President, rendering our stay application moot, unfortunately,” Muite stated.
Muite further argued that the core issue of the Deputy CJ’s authority to constitute a High Court bench remains active.
“This is a matter of significant public importance, urgently requiring a swift decision. The main appeal centers on whether the powers vested in the Chief Justice are judicial or administrative,” he stated.
High Court Pushes Gachagua Case Further
