Gachagua files petition to bar High Court from hearing his impeachment case

Ousted Deputy President Rigathi Gachagua has filed a petition with the Court of Appeal seeking to halt ongoing High Court proceedings related to his removal from office.

Through his lawyer, John Njomo, Gachagua criticised the ruling made by Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, which upheld Deputy Chief Justice Philomena Mwilu's authority to appoint judges for his ouster case.

He termed the ruling erroneous and based on a significant misinterpretation of the Constitution's intent and provisions.

In his petition, Gachagua argued that the High Court's ruling misinterpreted Article 165(4) of the Constitution and violated several other provisions, including Articles 25, 27, 47, 48, 50(1), and 260.

He noted that the Constitution grants the Chief Justice the exclusive authority to empanel and assign judges, making the Deputy Chief Justice's actions unlawful.

"The applicant, however, contends that the stated ruling is based on not only a misinterpretation of Article 165(4) of the Constitution but also a violation of Articles 25, 27, 47, 48, 50(1), and 260," reads his petition.

"The Constitution accords the power to empanel and assign judges to only the Chief Justice of Kenya, and therefore the DCJ has no power to assign and empanel judges."

Gachagua decried that the ruling by the High Court was not only mistaken but also rooted in a grave misinterpretation of the Constitution's letter and spirit.

Justices Freda Mugambi, Eric Ogola, and Antony Mrima at the Milimani High Courts on Wednesday, October 23, 2024. (Photo: Judiciary)

He is now seeking the Court of Appeal's intervention to stop the High Court proceedings until his appeal is determined.

Gachagua, who lost his position after the Senate upheld his impeachment on October 17, 2024, informed the Court of Appeal that he does not believe he will receive a fair hearing from the current High Court bench.

The embattled DP contends that three judges have demonstrated bias by refusing to step aside amid allegations of conflict of interest.

On Thursday, Gachagua notably claimed that Justice Mrima is a close associate of Senate Speaker Amason Kingi, which he argues warrants the judge’s disqualification due to perceived bias and conflict of interest.

Advocate Kibe Mungai presented allegations of impropriety against Justice Mrima, pointing to their supposed relationship with Kingi. He mentioned that Kingi attended a wedding where he posed for a photograph with the judge while giving him a gift.

“Whether perceived or substantial, we cannot proceed with this bench,” Mungai said, arguing that the judge failed to disclose their ‘close relationship,’ which should have been revealed for transparency.

Despite the claims, the judges declined to recuse themselves from the case last Friday, paving the way for the upcoming hearings.

The judges scheduled a hearing for tomorrow to address appeals from Parliament and the executive regarding the conservatory orders that prevented the appointment of Gachagua's replacement, Interior CS Kithure Kindiki.