All eyes will be on the Kenyan High Court today as it will be making its decision on whether to approve or block the swearing-in of nominated Deputy President Kithure Kindiki.
A three-judge bench comprising Justices Antony Mrima, Eric Ogola and Freda Mugambi will decide to seal embattled Rigathi Gachagua’s fate after being impeached by the Senate on October 17.
President William Ruto then nominated Kindiki to replace Gachagua, a move which prompted the ousted Second in Command to launch a legal battle to contest the legality of his removal.
Petitioners David Munyi and Peter Gichobi moved to court on October 18 to block Kindiki’s swearing in until the hearing of cases against Gachagua’s impeachment.
“THAT in light of the nature of the matters raised herein as noted in Order 3 herein, conservatory
orders are hereby issued against implementation of the resolution of the Senate in terms of Prayer
of the Notice of Motion, preventing any person including the 2nd interested party appointed by the
President and approved by the National Assembly from assuming the office of the Deputy President,” Kerugoya Law Court ruled.
Gachagua lawyers first contested the selection of the three-judge bench selected by Deputy Chief Justice (DCJ) Philomena Mwilu to preside over his impeachment case, arguing that the bench can only be constituted by the Chief Justice.
The High Court upheld DCJ Mwilu’s decision to select the bench to preside over the case, ruling that the Constitution had clearly set out the roles of the DCJ which included substituting the CJ where applicable.
Gachagua later filed an application wanting the judges to recuse themselves from the case, a request they similarly denied.
The judges stated that they based their judgment on four grounds; the concept of recusal in line with the Constitution, impartiality as a ground for recusal, whether the applications met the required threshold for bias, and whether the applications were merited.
While asserting discontentment, Gachagua moved to the Court of Appeal saying he was dissatisfied with the ruling delivered by the three-judge bench.
Gachagua argued that the ruling that DCJ Mwilu had powers to constitute the bench is wrong, mistaken, erroneous and based on a grave analysis of the constitution.
The impeached DP now wants the court of appeal to stay the High Court proceedings pending the hearing and determination of the application.
