The three-judge bench hearing the applications challenging the impeachment of Deputy President Rigathi Gachagua have been forced to adjourn the hearing to 2:00 PM today.
This was after impeached Deputy President Rigathi Gachagua’s team raised a weighty issue challenging the validity of the 3-judge bench that was formed by Deputy Chief Justice Philomena Mwili.
Gachagua’s legal team led by Senior Council Paul Muite challenged the 3-judge bench to allow them file application to determine whether the Deputy Chief Justice have the powers to appoint the three-judge bench. They also argued that they should be given a timeline on when to file the application and when the application will be responded to.
However, Senior Council Githu Muigai and other lawyers representing the government in the case argued that the Deputy President’s legal team we only using the application as a tactic to delay the hearing and determination of the case.
Githu Muigai told the court that Deputy Chief Justice, being the Deputy to the Chief Justice, have all the rights to appoint the three-judge and that Gachagua’s legal team are aware of that.
It was after these arguments that the judges hearing the case ordered that the court be adjourned to 2PM today.
While making the ruling, Justice Eric Ogola said that impeached Deputy President Rigathi Gachagua’s team will have one hour (before 2PM) to file the petition challenging the appointment of the 3-judges. He also revealed that they will respond to the application immediately after the resumption of the hearing at 2PM.
“The issue raised is a weighty issue because it involves the Deputy Chief Justice, so I will not allow all of you to speak. The decision is that the application challenging the appointment of this bench be filled within one hour and the response be given within one hour. We will resume at 2PM,” Justice Ogola said.
By Newsmedia