RUTO has not seen the last of GACHAGUA as he rushes to Court of Appeal in a bid to stop his impeachment – Is he fighting a losing battle?


Tuesday, October 29, 2024 – Ousted Deputy President Rigathi Gachagua is at it yet again in a bid to stop his impeachment.

This is after he filed a petition at the Court of Appeal seeking to stop the ongoing proceedings at the High Court.

He wants the Appellate Court to issue an injunction stopping the impeachment hearing at the High Court over dissatisfaction after a ruling by the three judges failed to declare that Deputy Chief Justice Philomena Mwilu acted unlawfully in appointing them.

Gachagua, through his lawyer John Njomo, stated that the rulings were inaccurate, erroneous, and were a misinterpretation of Article 165 (4) of the Constitution.

He further argued that Articles 25, 27, 47, 48, 50 (1), and 260 of the Constitution only accord the Chief Justice the powers to empanel a bench and not any other judicial officer.

According to the petition, Gachagua through his lawyers argued that should the Court of Appeal fail to rule in his favour, he would be denied the right to a fair hearing.

He also added that his prayers should be answered so that his appeal does not become null and void.

Last week, the three judges, justices Eric Ogola, Anthony Mrima, and Frida Mugambi, ruled that Mwilu acted lawfully by constituting the bench on behalf of Chief Justice Martha Koome.

The Kenyan DAILY POST

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