The High Court has consolidated all cases related to Rigathi Gachagua’s impeachment into two categories. Judges will hear applications for their recusal at 2:30 p.m. Omwamba also highlighted that the respondents are pressing the court to urgently consider lifting a conservatory order barring Kithure Kindiki from assuming office, as it expires today.
This development follows a ruling by a three-judge bench on the constitutionality of Gachagua’s case. Justice Anthony Mrima clarified that the Deputy Chief Justice (DCJ) can lawfully appoint a bench in the absence of the Chief Justice (CJ). The ruling emphasized that the DCJ, under Article 165 Sub Article 4 of the Constitution, has the authority to perform administrative functions on behalf of the CJ when necessary.
Gachagua’s legal team, led by Senior Counsel Paul Muite, had contested the formation of the bench, arguing that only the CJ could empanel judges. They questioned how the file had been transferred from Kerugoya to Nairobi for the DCJ to appoint Justices Mrima, Eric Ogola, and Fredah Mugambi to hear the case.
The case arose from orders issued by the Kerugoya Court, which blocked Interior CS Kithure Kindiki from taking office. Shortly after this ruling, Solicitor General Shaddrack Mose filed an application seeking to overturn the orders.
In defense of the bench’s legitimacy, senior counsels Prof. Githu Muigai and Tom Ojienda, representing the state, argued that the DCJ acted within her powers, as the CJ was in Geneva, Switzerland at the time. Ojienda referred to the Judicial Service Act, which allows the DCJ to exercise the CJ’s duties in her absence.
Gachagua’s team, however, claimed they were not given enough time to properly review the document proving the CJ’s absence from the country.
By Standard