Chief Justice Martha Koome on Monday appointed a bench of three judges who will hear and determine petitions filed by Deputy President Rigathi Gachagua even as his impeachment fate is set to be discussed and determined before the Senate plenary on Wednesday and Thursday this week.
Koome appointed Justices Eric Ogola, Anthony Mrima, and Frida Mugambi to hear the petition filed by the DP.
In her directive issued at the High Court’s Constitutional and Human Rights Division in Nairobi under Petition No. E522 of 2024, Chief Justice Koome appointed three judges to hear and determine Gachagua’s petition and render a decision.
‘’Following the orders issued by Hon. Mr. Justice L. N. Mugambi on October 11, 2024, I appoint to hear and determine this Petition together with Petitions E509/2024, E537/2024, E528/2024, E525/2024, and E506/2024,’’ Koome shared in her directive.
This came after Gachagua, through his legal team led by Paul Muite, petitioned the High Court to have the matter referred to the Chief Justice to constitute a three-bench judge to hear the case where he was challenging the impeachment process.
In a ruling, Justice Lawrence Mugambi of the High Court referred the matter to the Chief Justice on October 11 to form a three-bench judge to hear the matter.
Mugambi also agreed in the ruling that the matter before him had raised constitutional questions that were significant enough to warrant a multi-judge bench.
”This one is one of those rare occasions where the court should rise to the occasion and serve the public with the resources that it can summon.
In my view, despite stiff opposition by the respondents, it is my considerate opinion that this petition raised the constitutional questions that fall under articles 163 b and d(2) hence am persuaded to submit them to the Chief Justice for empaneling of a bench,’’ Mugambi stated in his ruling.
Gachagua through his legal team had initially petitioned the High Court to stop the Senate from discussing the impeachment motion while arguing that without immediate intervention, the Senate risked rendering any further legal challenges questionable.
Attention will now turn to the three judges (Ogola, Mrima, and Mugambi) as they prepare to deliver their legal determination to both the petitioner and the respondents. The case carries significant constitutional weight, as it marks the first time such a matter has been brought before the court since the adoption of the 2010 Constitution.
In this case, the respondents include the Speaker of the National Assembly of Kenya as the 1st respondent, the National Assembly of Kenya as the 2nd respondent, the Speaker of the Senate of Kenya as the 3rd respondent, and the Senate of Kenya as the 4th respondent.
As it stands, Gachagua is set to face the Senate over various allegations that the National Assembly found him guilty of including the gross violation of the Constitution.
By Frankline Oduor
Read the Original article on https://www.kenyans.co.ke
