The impeached Deputy President Rigathi Gachagua has yet again suffered a blow in court after the three bench judge threw away his petition challenging the empanelment instituted by Deputy Chief Justice Philomena Mwilu.
Through a verdict read out by Justice Anthony Mrima, the bench ruled that DCJ has constitutional powers to empanel the bench.
While reading out the verdict, Justice Mrima quoted Article 165 (4) of the constitution which he argued vested the powers upon DCJ Mwilu to form such a bench.
Moreover, Mrima observed that Chief Justice Martha Koome had not raised a red flag over the formation of the bench.
“To us, it is beyond that adventure that the honourable DCJ can assign judges under Article 165 (4) whenever he or she is discharging constitutional functions on behalf of the Chief Justice,” Anthony Mrima stated.
“In this case, we do not find any fault in the honourable DCJ assigning judges to sit on this bench more so when the honourable Chief Justice has not raised any red flag,” he added.
Justice Anthony Mrima: It is our finding that the constitutional function of the Chief Justice to assign benches, being an administrative function, can be performed by the Deputy Chief Justice when the Chief Justice, for good reason, is unable to perform. pic.twitter.com/uZvOk6XanF
— K24 TV (@K24Tv) October 23, 2024
On her side, Justice Freda Mugambi made it clear that the bench had no control of the administrative processes that occurred before the three-judge bench was formed.
She further added that the bench did not have any roles in the transmission of certain files as claimed by the lawyers representing the embattled former DP.
“This bench has no role or control whatsoever in the administrative processes that occur prior to its empanelment. The term transmission in this case may not necessarily refer to the physical transfer of documents, it may very well refer to the electronic movement or assignment of casefiles within the judiciary’s digital infrastructure,” she stated.
“In conclusion, we do find and hold that the accusations made by the applicants against this bench are entirely without merit,” she concluded while dismissing submissions that the bench had an intention of violating the petitioner’s right to be heard.
Gachagua’s demand
Impeached DP Rigathi Gachagua, through his lawyers, had demanded an explanation be given as to how DCJ Mwilu appointed a three-judge bench to hear an application by the state seeking to set aside orders blocking Kithure Kindiki’s appointment.
Gachagua through his team of advocates led by Senior Counsel Paul Muite argued that the only person who has the capacity to empanel a bench is the Chief Justice.
They sought to find out at what point the file came from Kerugoya at 4 pm to the DCJ to appoint Justices Mrima, Ogola and Mugambi to hear the matters.
The matter led to a legal showdown between the lawyers representing Gachagua, the National Assembly and the State which was led by the Attorney General.
