Former Deputy President Rigathi Gachagua has scored a major win after the Court of Appeal quashed the Deputy Chief Justice’s decision to appoint a three-judge bench to hear several petitions challenging his removal from office.
The Court of Appeal has further directed that the matter be placed before Chief Justice Martha Koome to empanel new judges who will hear and determine the case at the High Court.
The three-judge bench led by Francis Tuiyott, Daniel Musinga and Mumbi Ngugi further added that the Chief Justice has 14 days to empanel another bench to hear the impeachment case.
The appellate court made the verdict after several petitioners sought to have a different bench hear the appeal arguing the right to a fair hearing was violated when the three-judge bench in Kerugoya declined to recuse itself on grounds of bias and conflict of interest said to have had an impact on the judges’ impartiality.
In one of the petitions, activist Enock Aura through lawyer Harrison Kinyanjui sought to have a bench of five judges empaneled saying that the case by his client raises substantial legal questions requiring a panel of judges.
At the heart of the appeal in the consolidated appeals was whether the Deputy Chief Justice had constitutional authority to empanel the bench in Kerugoya, which declined to stop Kindiki Kithure’s swearing-in.
