Martha Koome Reappoints Judges Gachagua Opposed to Hear His Impeachment Petitions
- Chief Justice complied with the directive by the Court of Appeal to appoint a bench to determine the cases filed by former deputy president Rigathi Gachagua
- The decision by a trio of High Court judges to throw away Gachagua's petitions was quashed by the appellate court, which established that the bench was procedurally empanelled by the deputy chief justice
- Interestingly, Koome retained the same judges that her deputy Philomena Mwilu had been faulted for having appointed
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Chief Justice Martha Koome has empanelled a trio of High Court judges to hear and determine the petitions filed by former deputy president Rigathi Gachagua.
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But in an apparent show of solidarity with her deputy Philomena Mwilu, Koome retained the judges Mwilu had been faulted for having appointed.
Which judges did CJ Koome appoint in Rigathi Gachagua's cases?
The Chief Justice tasked justices Eric Ogola, who will preside over the bench, Anthony Mrima and Freda Mugambi to determine Gachagua's impeachment cases.
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The trio had been opposed by Gachagua's defence team, which argued that the DCJ erred in appointing them, arguing that such powers are reserved for the CJ.
"Kindly take notice that the Honourable Chief Justice has empaneled a bench comprising of Hon Justice E. Ogola (Presiding), Hon Justice A. Mrima and Hon Lady Justice Dr F. Mugambi in the following petitions,” read the advocate the Chief Justice address to the parties in the case.
The bench has been slated to give directions on the petitions on May 29.
Gachagua got a temporary reprieve on May 9 when the Court of Appeal determined that the DCJ is not designated to empanel a bench in a case.
In their landmark ruling, the appellate judges; Francis Tuiyott, Daniel Musinga and Mumbi Ngugi acceded to Gachagua's prayers in which he argued that Mwilu overstepped her mandate.
The judges directed Koome to empanel another bench within 14 days.
Why Gachagua opposed 3-judge bench
The former deputy president rushed to the High Court in Kerugoya to challenge the Senate's decision to approve his impeachment, arguing that he was not granted a fair hearing.
At the time the Senate passed its judgment against Gachagua, he was not in the chamber as he had been taken ill on that day's afternoon.
Source: Getty Images
The judge in Kerugoya forwarded the matter to Nairobi, seeking the CJ to appoint a bench, as the matter would be well handled by more than one judge.
DCJ instead took over the matter, and named the bench, prompting a reaction from Gachagua's defence.
Why High Court judges dismissed Gachagua's petitions
The trio went ahead with the case, dismissing the arguments by Gachagua's team; they said Mwilu could undertake such administrative roles as empanelling a bench, as she was permitted to assist the CJ, adding that the deputy president's office could not have remained vacant.
The judges then okayed the replacement of Gachagua, with the current deputy president, Kithure Kindiki, taking over office immediately after the ruling was rendered.
The defence lawyers would then file an appeal at the Court of Appeal, maintaining that the DCJ erred.
Gachagua's lawyers' pleadings were admitted by the appellate court, which directed that Koome empanels the bench.
The former deputy president was removed from office for, among other charges, abuse of office, insubordination of the president, and illegal acquisition of assets.
Source: TUKO.co.ke
