Tuesday, October 29, 2024 – Ousted Deputy President Rigathi Gachagua is at it
yet again in a bid to stop his impeachment.
This is after he filed a
petition at the Court of Appeal seeking to stop the ongoing proceedings at the
High Court.
He wants the Appellate Court to
issue an injunction stopping the impeachment hearing at the High
Court over dissatisfaction after a ruling by the three judges failed to declare
that Deputy Chief Justice Philomena Mwilu acted unlawfully in appointing them.
Gachagua, through his lawyer
John Njomo, stated that the rulings were inaccurate, erroneous, and were a
misinterpretation of Article 165 (4) of the Constitution.
He further argued that Articles
25, 27, 47, 48, 50 (1), and 260 of the Constitution only accord the Chief
Justice the powers to empanel a bench and not any other judicial officer.
According to the petition,
Gachagua through his lawyers argued that should the Court of Appeal fail to
rule in his favour, he would be denied the right to a fair hearing.
He also added that his prayers
should be answered so that his appeal does not become null and void.
Last week, the three judges,
justices Eric Ogola, Anthony Mrima, and Frida Mugambi, ruled that Mwilu
acted lawfully by constituting the bench on behalf of Chief Justice Martha
Koome.
The Kenyan DAILY POST
