Court orders Gachagua to file application against Ogolla-led bench in an hour
A three-judge bench sitting to consider petitions arising from Rigathi Gachagua’s impeachment as Deputy President has directed his lawyers to file an application within an hour following protracted objections.
Justices Eric Ogolla, Anthony Mrima, and Dr. Freda Mugambi retreated from the courtroom at Nairobi’s Milimani Law Court on Tuesday after ordering Gachagua’s lawyer to file an application within an hour with respondents required to respond before 2pm.
Justice Ogolla, presiding, issued the directive after prolonged arguments over the bench with Gachagua’s lawyers challenging the involvement of Deputy Chief Justice Philomena Mwilu in empaneling the bench.
Senior Counsel Paul Muite told the bench his team would require sifficient time to file an application suggesting that the court defers a scheduled inter-parties hearing.
Lawyers representing the National Assembly and the Senate however challenged Gachagua’s contention noting the Deputy Chief Justice is contitutionally permitted to deputize the Chief Justice.
The developments unfolded even as the State Law Office notified the court of its intention to oppose the listing of President William Ruto in the suits in violation of presidential immunity.
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