Gachagua appeals High Court ruling on DCJ Mwilu’s bench empanelment

Impeached Deputy President Rigathi Gachagua has moved to the Court of Appeal to challenge a ruling that declared the empanelment of a three-judge bench by Deputy Chief Justice Philomena Mwilu to hear cases linked to his ouster as lawful.

Gachagua argues that the Deputy Chief Justice overstepped her mandate insisting that only Chief Justice Martha Koome has the authority to assign judges to hear cases raising substantial legal questions, as stipulated under Article 165(4) of the Constitution.

The embattled DP has asked that the appellate court to halt tomorrow’s hearing of two applications aimed at lifting the conservatory orders that are preventing the swearing-in of Deputy President nominee Kithure Kindiki.

In his appeal, Gachagua claims that the ruling by High Court Judges Eric Ogola, Antony Mrima, and Freda Mugambi is based not only on a misinterpretation of the Constitution but also on a violation of it.

“The ruling is wrong, mistaken, erroneous, and not only based on a grave misinterpretation of Article 165(4) of the Constitution but also on a flawed analysis of the letter and spirit of the Constitution,” says Gachagua.

Last Wednesday, the High Court bench ruled that the Deputy Chief Justice acted lawfully in empaneling a three-judge bench to hear the impeachment cases against Gachagua.

The bench stated that the mandate of the Chief Justice in assigning judges is a constitutional administrative function that can be performed by the Deputy Chief Justice when the Chief Justice is unable to do so.