Impeached Deputy President Rigathi Gachagua has taken his case to the Court of Appeal in a bid to halt the proceedings at the High Court regarding his removal from office. He is seeking to put a stop to the ongoing process until his appeal is heard and determined.
Mr Gachagua was not satisfied with the ruling made by the High Court concerning the authority of Deputy Chief Justice Philomena Mwilu to constitute a panel of judges to handle his case. According to his lawyer, John Njomo, the ruling was flawed as it misinterpreted Article 165 (4) of the Constitution and violated several other constitutional articles.
The High Court bench, comprising Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi, stated in their ruling that the Chief Justice’s mandate under Article 165(4) is an administrative function that can be carried out by the Deputy Chief Justice in the absence of the Chief Justice. This was meant to ensure the seamless execution of constitutional duties without any disruptions.
However, Mr Njomo argued that the judges had erred in their interpretation of the Constitution and criticized them for not extending the interim order that prevented the replacement of Mr Gachagua with Interior CS Kithure Kindiki. Despite efforts to extend the order, it lapsed on October 24, but a separate order issued by High Court Judge Richard Mwongo in Kerugoya High Court is still in effect, preventing Prof Kindiki from being sworn in until the case is resolved.
Mr Njomo expressed concerns that the bench might continue with the proceedings to lift the order, thereby nullifying the appeal. He urged the Court of Appeal to stay the proceedings at the High Court and prioritize the hearing of Mr Gachagua’s appeal to prevent it from becoming irrelevant.
The legal battle surrounding Mr Gachagua’s impeachment continues, with both sides presenting their arguments and seeking a favorable outcome. As the case unfolds, the political landscape in Kenya remains tense, with implications for the country’s governance and leadership.
