Kenya’s impeached deputy President, Gachagua, seeks appeal to halt high court proceedings

NAIROBI – Kenya’s impeached Deputy President, Rigathi Gachagua, has petitioned the Court of Appeal to suspend his impeachment proceedings in the High Court, disputing the legitimacy of the three-judge bench overseeing the case.

In a filing on Monday, October 28, Gachagua’s lawyer, John Njomo, argued that Deputy Chief Justice Philomena Mwilu exceeded her authority by appointing Justices Eric Ogola, Anthony Mrima, and Frida Mugambi to the bench without Chief Justice Martha Koome’s approval, as required by the constitution.

Njomo cited Articles 25, 27, 47, 48, 50 (1), and 260, asserting that only the Chief Justice had the constitutional power to assign judges.

The petition claimed the appointment of the bench violated Article 165 (4) and seeks an injunction to pause the proceedings until the appeal is heard.

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Last week, however, the High Court panel upheld Mwilu’s actions, with Justice Mrima clarifying that the Deputy Chief Justice could handle administrative duties when necessary if the Chief Justice is unavailable.

“The Chief Justice’s role in judge assignments, being administrative, may temporarily be handled by the Deputy Chief Justice,” Mrima stated.

Gachagua is now urging the Court of Appeal to intervene and prevent further High Court proceedings until his appeal is reviewed.

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