- Gachagua's legal team protested against the bench's formation
- Court asserts DCJ's authority to assign judges to the case
- Senior Counsel Paul Muite expressed discontent over the court's decision
In a significant legal setback for the impeached Deputy President Rigathi Gachagua, a three-judge High Court bench has ruled against disqualifying itself from hearing his impeachment case.
The bench, composed of judges Eric Ogolla, Anthony Mrima, and Fridah Mugambi, maintained that the Deputy Chief Justice (DCJ) Philomena Mwilu had the constitutional authority to assign judges to the case.
Court's ruling on bench composition
The ruling came amidst protests from Gachagua’s legal team, which argued that the bench was improperly constituted.
They contended that the assignment of judges should have been made by Chief Justice Martha Koome rather than the DCJ. However, the court firmly rebutted these claims.
Judge Ogolla stated, "In this case, we do not find any fault in the honourable DCJ assigning judges to sit in this bench, more so when the honourable Chief Justice has not raised any red flag."
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Legal team's concerns
Gachagua’s legal representation, led by Senior Counsel Paul Muite, expressed discontent over the court’s decision to proceed with the hearing.
On Tuesday, October 22, they formally protested, questioning the legitimacy of the bench's formation.
Muite argued that the composition could influence the fairness of the trial and potentially undermine the legal processes involved.
Despite these concerns, the bench remains steadfast in its decision to continue hearing the impeachment case.
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The judges are now tasked with determining whether to uphold Gachagua’s impeachment, a process that has generated considerable public and political interest.
More follows ...