Impeached former Deputy President Rigathi Gachagua has shifted his approach in a bid to revive his political career.
Former Deputy President Rigathi Gachagua has made a significant shift in his legal strategy following his impeachment, now focusing on the legitimacy of the judicial process that handled his case.
On Wednesday, Gachagua withdrew his application aimed at preventing the High Court from lifting an order that had delayed Kithure Kindiki from taking office as Deputy President.
With Kindiki already sworn in, Gachagua’s lawyer, Paul Muite, stated that this request had become redundant.
Instead, Muite urged the Court of Appeal to focus on Gachagua’s appeal, which questions the legal appointment of the three High Court judges who ruled on his case: Eric Ogola, Freda Mugambi, and Anthony Mrima.
Muite argued that there is a legal ambiguity regarding Deputy Chief Justice Philomena Mwilu’s authority to form a judicial bench, a power usually reserved for the Chief Justice.
Gachagua’s team contends this could impact the impartiality and legality of the decisions made.
Appeal Court judges Patrick Kiage, George Odunga, and Aggrey Muchelule were asked to expedite the case due to its national importance.
Notably, neither Attorney General Dorcas Oduor nor the Senate opposed the new application, although Senate lawyer Prof. Tom Ojienda requested that Gachagua bear the costs.
However, Katiba Institute lawyer John Khaminwa successfully argued that, being a matter of public interest, the case should not incur costs.
Previously, Gachagua had tried to stop the High Court from hearing applications to lift his impeachment stay order, claiming the judges had shown bias by refusing to recuse themselves.
His new approach now centers on addressing this alleged judicial impropriety.
By Newshub