Rigathi Gachagua: Blow to impeached DP as court dismisses his objection to DCJ appointing bench

Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi – Impeached Deputy President Rigathi Gachagua has lost his application, challenging the validity of the bench, which was empanelled to hear his impeachment case.

On Tuesday, October 22, Gachagua challenged the powers of Deputy Chief Justice Philomena Mwilu to constitute a bench to hear a constitutional matter.

Mwilu appointed a three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to hear an application by the state seeking to set aside orders blocking Kithure Kindiki’s appointment.

However, in its ruling, the three-judge bench stated that the deputy chief justice has the power to discharge the Chief Justice’s administrative functions.

The three-judges bench ruled that the function of the CJ to assign a bench under Art 165(4) is a constitutionally administrative function and and can be performed by the DCJ. The application effectively fails.

“It is therefore our finding that constitutional finding of the CJ to assign benches, being an administrative function, can be performed by the DCJ when the CJ, for good reason, is unable to perform,” Justice Mrima said.
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