Deputy President Rigathi Gachagua
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Deputy President Rigathi Gachagua has elevated his legal challenge to the Court of Appeal, seeking to suspend High Court proceedings concerning his impeachment.
This latest move stems from his disagreement with the High Court's interpretation of Deputy Chief Justice Philomena Mwilu's authority to constitute a judicial bench for his impeachment cases. Through legal counsel John Njomo, Gachagua contests the ruling delivered by Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi. His primary argument centers on the interpretation of Article 165(4) of the Constitution, asserting that the power to empanel and assign judges resides exclusively with the Chief Justice of Kenya.
“The applicant contends that the stated ruling is based on not only a misinterpretation of Article 165 (4) of the Constitution but also a violation of Articles 25, 27, 47, 48, 50 (1) and 260 as the Constitution accords the power to empanel and assign judges to only the Chief Justice of Kenya...therefore the DCJ has no power to assign and empanel Judges,” he said.
According to Gachagua's legal team, this constitutional provision explicitly excludes the Deputy Chief Justice from exercising such authority. The High Court had previously determined that DCJ Mwilu acted within her constitutional mandate when assembling the three-judge bench. The court's reasoning hinged on the premise that Mwilu exercised legitimate administrative powers, particularly given Chief Justice Martha Koome's tacit approval. However, Gachagua's legal representatives maintain that bench appointment constitutes a substantive power rather than an administrative function, rendering it non-delegable to the Deputy Chief Justice.
In his appeal, Gachagua seeks an immediate halt to the High Court proceedings until his appeal is resolved. He has expressed concerns about potential bias, citing the current bench's unwillingness to recuse themselves despite conflict of interest allegations. This development has added another layer of complexity to the already intricate legal proceedings following the Kerugoya court's intervention in the swearing-in of Gachagua's proposed replacement. Senior Counsel Paul Muite has raised procedural concerns regarding DCJ Mwilu's bench appointment process, questioning both the timeline and methodology employed.
In his first public appearance following hospitalization, former Deputy President Rigathi Gachagua on Sunday attended a church service in Central Kenya. During the service, which he attended alongside his wife and several political figures, Gachagua made an impassioned appeal to the Kenyan people, urging them to pray for President William Ruto. He emphasized the challenges facing the President, particularly in addressing the nation's economic hardships, high taxation, and healthcare system concerns.
Gachagua's impeachment process was initiated by Kibwezi West MP Mwengi Mutuse who presented eleven charges against the Deputy President. Of these, five were confirmed by the county assembly, leading to Gachagua's removal from office.
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Surely just go quietly.What exactly are you hoping will happen.Stop increasing the work load for courts already overburdened . No job is for life it was either you get fired or they will make you quit.2027 is not far try again.Ruto sacrificed you to keep his job but for how long.He needs the support of other tribes and you were advocating too much for your tribe.Generation Z are still determined to send him home now or in 2027.Move on already
This moron is suffering from entitlement syndrome; when he was looting and committing crimes, he wasn’t doing it for us, but for himself and his corrupt family and cronies; and now they must all be prosecuted to fullest extent of the law and recover all stolen money and ill gotten wealth for the people with interest and hefty penalties!!! Dude, you were fired!!! You let everyone down dude due to your greed, corruption, narcissism, lust for power, incompetence, cockiness, etc etc!!! Dude, the biggest problem with you is that you can’t shake off the colonial DO mentality, still stuck in the past!!! Get lost