A three-judge bench at the Milimani High Court on Thursday, January 23, 2025, declined an application filed by lawyers of former Deputy President Rigathi Gachagua that sought a stay of proceedings for 21 days.
The application filed before judges Eric Ogola, Antony Mrima and Freda Mugambi was seeking to adjourn the matter for three weeks to allow the Court of Appeal to determine a related matter before it.
“The application seeking to extend time is hereby disallowed,” one of the four orders of the court read by Judge Ogola stated.
The bench also gave room for petitioners whose matters came to the attention of the judges for the first time.
“Leave is hereby granted to the petitioners to amend and/or further amend their petitions which shall be filed and served within 14 days from today. Upon service, the respondents and interested parties shall be at liberty to amend and/or further amend their responses which shall be filed and served within 14 days from the date of service,” the court’s second order read.
Gachagua’s lawyers had asked for more time but the respondents’ lawyers had vehemently opposed the request.
In his argument, lawyer Tom Ojienda representing the Senate had reminded the court that the matter was filed under a certificate of urgency and that there was no room to entertain a stay of proceedings application.
“My lords, the matter was filed under certificate of urgency and I don’t know why the applicants are now not in haste,” he told the court.
He also persuaded the court to proceed with the hearing of the applications considering the Court of Appeal had not given a stay order to the proceedings in the High Court, a request that the judges agreed with in their orders.
Compliance, mention and further orders shall be done on February 27, 2025.
