High Court adjourns as Gachagua lawyers demand clarity on three-judge bench formation

A three-judge panel overseeing the impeachment case of ousted Deputy President Rigathi Gachagua adjourned proceedings for one hour on Tuesday, allowing both parties time to file objections challenging its validity.

The bench consists of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi.

Gachagua had sought clarification on how Deputy Chief Justice Philomena Mwilu selected the three-judge panel to review a state appeal aimed at overturning the ruling that blocked Kithure Kindiki’s appointment as deputy president.

His lawyer, Senior Counsel Paul Muite, argued that only the Chief Justice has the authority to form such a panel. The court, however, learnt that the DCJ acted on behalf of the CJ, who was out of the country at the moment.

Nonetheless, Gachagua's lawyers also wanted to know when the file arrived from Kerugoya at 4 pm for the Deputy Chief Justice to appoint Justices Anthony Mrima, Eric Ogola, and Fridah Mugambi to handle the case.

The Kerugoya file contains the orders that stopped Kindiki from taking office. Soon after, Solicitor General Shaddrack Mose filed a request to cancel those orders.

Justice Mugambi, who works in Kerugoya, has scheduled the application to be heard on Tuesday.

"Permit us to articulate these issues for the sake of the nation. We are not aware how the bench was constituted by the DCJ to hear these files," Gachagua's legal team noted.

They are questioning how the Deputy Chief Justice got the power to form the panel and why the Chief Justice delegated her duties if that’s what happened.

Gachagua's lawyers argue that only the Chief Justice has the authority to create a panel, saying it’s not just an administrative matter.