NAIROBI, Kenya, Oct 28-Deputy President Rigathi Gachagua has appealed a recent ruling by a three-judge bench of the High Court that upheld the authority of the Deputy Chief Justice (DCJ) to constitute judicial benches.
The bench, comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi, dismissed Gachagua’s application challenging the DCJ’s role in appointing the panel presiding over his case.
Represented by Kamotho Njomo & Company Advocates, Gachagua’s legal team filed a Notice of Appeal on October 24, 2024, seeking to overturn the ruling.
“We seek an urgent intervention to stay proceedings before the High Court in order to preserve the integrity of our client’s right to a fair trial,” stated an affidavit by advocate John Njomo.
At the centre of Gachagua’s petition is the ongoing High Court case regarding his impeachment, brought under Articles 145 and 150 of the Constitution.
Gachagua’s counsel argued that the petition has attracted significant public interest and raised substantive legal questions.
His counsel emphasized that the High Court’s decisions thus far have shown the matter’s weight and urgency.
Following the October 23 decision affirming the bench’s constitution, the High Court bench also directed that various pending applications related to Gachagua’s case, including a request for the judges’ recusal, would proceed.
Gachagua’s legal team argues that without a stay, any continuation of the High Court proceedings would risk prejudicing their client’s rights and could render the appeal and underlying petition moot.
“It is in the interests of justice that this stay is granted,” the affidavit read, stressing the potential for “irreparable prejudice” without an urgent halt to the proceedings.
The High Court is on Tuesday scheduled to hear the state’s challenge against the conservatory orders that halted the swearing-in of Deputy President-elect Kithure Kindiki, President Ruto’s nominee—a move Gachagua is eager to block.
