Kenya: Gachagua Decries Bias By Three-Judge Bench Ahead of Tomorrow’s Hearing

Nairobi — Impeached Deputy President Rigathi Gachagua has contested the scheduled inter-parties hearing tomorrow accusing the three-judge bench formed of bias.

Gachagua questioned how the case seeking to halt his impeachment at the Senate was forwarded to the three-judge bench comprising of Justices Eric Ogolla, Anthony Mrima, and Dr. Fred Mugambi without express instructions from Chief Justice Martha Koome.

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In a letter addressed to the Deputy Chief Registrar, Gachagua threatened to formally complain to the Judicial Service Commission demanding an investigation into the matter.

“There are preliminary indications that the Chief Justice was not even in the country at the material time in question. For this reason, a formal complaint is being filed with the Judicial Service Commission,” the letter read.

The impeached Deputy President decried that the three judge bench will not accord him justice pointing that the rescheduled hearing of the case from Thursday to tomorrow was aimed at hastening the swearing in of Deputy President elect Kithure Kindiki.

Gachagua explained that Kapseret Member of Parliament Oscar Sudi who is a close associate of President William Ruto has been quoted in the media stating that Kindiki will be sworn in as the Deputy President of the Republic of Kenya tomorrow.

“This conduct sends shivers and trepidation to our client on whether there is any prospect that justice will be administered in his case given that the bench now appears to be part of the National Assembly and the Senate,” the letter read in part.

Gachagua also sought answers on whether the petition which was filed before Justice Mwita was forwarded to the three-judge bench since it was not among the consolidated 19 cases seeking orders to halt the impeachment process in Parliament.

“It is also evident that the jurisdiction of the Chief Justice is being usurped. The lightning speed with which the Kerugoya file was grabbed and directions were issued on a Saturday seems like a well orchestrated plan to trample on the rights of the Petitioner by denying him a fair trial,” he contended.

Tuesday Hearing

The three-judge bench constituted by Chief Justice Martha Koome is scheduled to hold an inter-partes hearing on Tuesday to consider a suit challenging Gachagua’s impeachment.

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Justice Freda Mugambi, sitting at the Kerugoya High Court, issued the directive on Saturday amid successive court orders from across the country on the matter.

She directed that the parties be “served and responded to forthwith,” considering the urgency of the case.

“In light of the urgency of the matter and the weighty issues raised therein, we direct that the application be served and responded to forthwith, for an inter-partes hearing on Tuesday, October 22, 2024, at 11:00 a.m. in open Court No. 18.”

Gachagua had secured orders from Justice Chacha Mwita on Friday, suspending the Senate’s resolution to impeach him, with the judge restraining the National Assembly from considering a replacement.

Mwita’s decision was followed by a similar ruling from a judge in Kerugoya, with both justices referring the suits to Chief Justice Martha Koome to constitute a bench.

Opinion remains divided on the effect of the orders, with debate over whether a court order restraining the National Assembly from considering Kithure Kindiki’s nomination for Deputy President was overtaken by events.

These rulings emerged after the National Assembly had already concluded a session to consider Kindiki’s nomination, an exercise that the orders sought to halt.

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