The court hearing for the impeachment proceedings against Deputy President Rigathi Gachagua was adjourned to allow parties involved to file objections challenging the legitimacy of the three-judge bench handling the case.
The bench, composed of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, was selected to oversee an application by the state seeking to lift orders that prevented Kithure Kindiki’s appointment.
Presiding Judge Ogolla directed the court to reconvene at 2 p.m., giving the parties an hour to comply with the necessary submissions.
Deputy President Gachagua, who was impeached, raised concerns over the process through his lead counsel, Senior Counsel Paul Muite. Gachagua questioned how Deputy Chief Justice Philomena Mwilu appointed the panel, insisting that only Chief Justice Martha Koome has the authority to form such a bench.
Gachagua’s legal team highlighted the unusual sequence of events, noting that the case file was transferred from Kerugoya to Nairobi late in the afternoon before DCJ Mwilu constituted the bench. They demanded clarity on when and how the file was processed, especially since earlier orders from Kerugoya had blocked Kindiki from assuming office.
Solicitor General Shaddrack Mose had filed an application to overturn those orders, with Justice Mugambi directing the matter to be heard the following Tuesday. However, Gachagua’s legal team raised concerns about the constitution of the bench, stating that only the Chief Justice has the power to appoint such panels, and questioning any delegation of this authority.
“This is a matter of national importance, and we need clarification on how this bench was appointed,” said Gachagua’s legal team, as they continued to press for answers on the authority and process behind the bench’s formation.
