Gachagua to Appeal Court Ruling on Bench Constitution in Impeachment Case
By Reuben Muisonik, Political Editor, The Dispatch Digital
Ousted Deputy President Rigathi Gachagua and his legal team are refusing to back down, with their eyes now firmly set on an appeal after yet another major setback in court. On Wednesday, October 23, High Court Judge Anthony Mrima dealt a fresh blow to Gachagua’s hopes of reclaiming his Deputy President seat, ruling that Deputy Chief Justice (DCJ) Philomena Mwilu is legally mandated to constitute a bench in the absence of the Chief Justice (CJ).
Justice Mrima’s ruling left no room for doubt, confirming that the DCJ can act on behalf of the CJ, particularly in assigning judges to a bench under Article 165 Sub Article 4 of the Constitution.
“It is beyond peradventure that the DCJ can assign judges whenever he or she is discharging any constitutional functions on behalf of the Chief Justice,” Justice Mrima declared. He went on to note, “We do not find any fault in the DCJ assigning judges to this bench, especially when the Chief Justice has not raised any red flag.”
This ruling marks yet another hurdle for Gachagua, who has been fighting tooth and nail to overturn his impeachment and return to office. The three-judge bench presiding over his case—Freda Mugambi, Eric Ogola, and Antony Mrima—was constituted by DCJ Mwilu, a move that Gachagua’s legal team sought to challenge, insisting that only the Chief Justice could form such a panel.
Gachagua’s Legal Team Strikes Back
Moments after the ruling, Senior Counsel Paul Muite, Gachagua’s lead lawyer, made it clear that the battle was far from over. He indicated that he would advise his client to appeal the court’s decision.
“Speaking for myself, obviously the decision is that of the client. I will be advising the client, but it is for him to make the final decision,” Muite stated, adding, “In fairness to me and the counsel, I will be seeking to persuade my client to appeal.”
Muite’s words have set the stage for what could be another intense legal showdown, with Gachagua’s team clearly not ready to throw in the towel just yet. The ousted DP’s last hope now rests with the same judges he sought to have removed from his case, as the legal saga continues to unfold.
What’s Next for Gachagua?
With the latest ruling out of the way, the court will resume hearings on Thursday, October 24 to address applications in Gachagua’s impeachment case. Despite the latest blow, the door remains open for the High Court to find that his impeachment was unfair and unconstitutional, which would offer a glimmer of hope for the embattled politician.
However, time is running out for Gachagua. As it stands, his chances of retaining the Deputy President seat now lie squarely in the hands of the Judiciary. Many are watching closely to see whether the High Court will side with the embattled DP or cement his impeachment in the history books.
Stay tuned as the Gachagua saga rolls on, with every legal twist and turn capturing the attention of the nation.
