The appeals court ruled that Deputy Chief Justice Philomena Mwilu mistakenly created a bench of three judges to allow the swearing -in of Kithure Kindiki.
According to the Court of Appeal, the court lacked the jurisdiction to nullify conservative orders in which former deputy president Rigathi Gachagua had reached against his removal.
Three judges of the Court of Appeal ordered the Chief Justice Martha Koome Creating a new bench to listen and decide the case.
Former deputy president Rigathi Gachagua has won a major victory after the appeals court canceled the decision of Deputy Chief Justice Philomena Mwilu to appoint a bench of three judges to listen to several requests to oppose his removal in the office.
Former Deputy President Rigathi Gachagua.
Former Deputy President Rigathi Gachagua (pictured) was ousted last year. Photo: Rigathi Gachagua.
The Court of Appeal has further ordered the case to be taken before Chief Justice Martha Koome to involve new judges who will hear and decide the case in the High Court.
No. E565 of 2024 He Rigathi Gachagua v the Speaker of the National Assembly of Kenya and 4 others to hones just Eric Ogolla, Anthony Mrima and Lady Justice Dr Freda. Mugambi, “they ruled.
“We issue the following instructions, Appeal No. E829 of 2025 is allowed, as we dismiss the instructions of Deputy Chief Justice of 18 October 2024 handing over the Kerugoya Supreme Court’s request. v Senate of the Republic of Kenya, the Speaker of the Senate and 2 others and the Nairobi High Court case E565 of 2024 He Rigathi Gachagua v Speaker of the Kenyan National Assembly and 4 others to the Honorable Judges Eric Ogolla, Anthony Mrima and Lady Justice Dr. Freda. They decided.
The three -judgment bench court led by Francis Tuiyott, Daniel Musinga and Mumbi Ngugi added that the Chief Justice had 14 days to handle another bench.
“Those issues Three Immediately, in any case not more than 14 days from the date, it will be presented before the Honorable Chief Justice for his Kingdom to help, “ They directed.
What did the plaintiffs want to be charged with Gachagua
The appeals court ruled after several complainants demanded a different bench to hear the appeal, claiming the right to be heard was violated when a three judges’ court in Kerugoya refused to withdraw from the bias and conflict of interest, which is said to have an impact on the impartiality of the judges.
At one of the request, activist Enock Aura, through attorney Harrison Kinyanjui, called for a panel of five judges to be questioned, saying that his client’s case raised serious legal questions requiring a panel of judges.
The essence of the appeal in the appeal included was whether the deputy chief justice had a constitutional authority to illuminate the Kerugoya bench, which refused to halt the swearing -in of Kindiki Kithure.
Aura, through his lawyer Kinyanjui, opposed the constitutional legitimacy of Kitiki Kindiki to take the deputy president’s office, saying that the proper procedure was not followed.
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Aura added that the Independent Electoral and Boundaries Commission (IEBC) failed to officially announce the position of Deputy President to be open following Rigathi Gachagua’s term.
“So far, no announcement of the deputy president’s office has been issued, published in a government newspaper or published in any newspaper and IEBC Announcing the moratorium on Rigathi Gachagua’s term of service, ” The request said.
The three added that the responsibility for resolving the bench was allocated to the Chief Justice and the Constitution, and giving the judges was not one of the administrative responsibilities that the CJ could allocate or approve the DCJ.
“We have no doubt that the Deputy Chief Justice, when he acts in the position of the Chief Justice within the reflection of section 5 (4) of the JSA, can carry out the task commissioned by Article 165 (4) of the bench setting. They considered.
Why did the Supreme Court dismiss Gachagua’s request
The Supreme Court had overturned the suspension orders that Gachagua had received to prevent its change.
Three judges, Antony Mrima, Eric Ogola, and Freda Mugambi, dismissed the arguments of the Gachagua Lawyers team, deciding that the Deputy President’s office could not be clear in accordance with the 2010 Constitution.
As a result, the court dismissed conservative orders.
On October 18, David Munyi and Peter Gichobi filed a petition calling for a moratorium on the swearing -in of the Kindiki until cases against Gachagua’s removal.
During the counsel, Gachagua opposed the nomination of Kindiki, saying it was illegal as the former interior cabinet secretary was not a member of the party UDAand thus made him deserving of the position.
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Source: TUKO.co.ke
