Reprieve for former Deputy President Rigathi Gachagua after the Court of Appeal declared the three-judge bench formed to listen to his impeachment as unconstitutional.
The court further noted that the panel consisting of Judge Anthony Mrima, Frida Mugambi, and Eric Ogolla ceased to exit thus directing Chief Justice Martha Koome to form another bench withing 14 days.
The court further noted that the power to appoint the bench was vested with the Chief Justice and not with her deputy Philemona Mwilu.
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“And while we do not doubt the bona fides of the Deputy Chief Justice in constituting the benches, we have discussed why it is critical for the reason or reasons why the Chief Justice did not exercise the constitutional mandate reserved for the Chief Justice to be communicated to the parties and the public, and that reason or those reasons be set out in the empanelment order,” said the court
According to the Court of Appeal comprised of Judges Daniel Musinga, Mumbi Ngugi and Fred Ochieng, failure by the Chief Justice not to object to the decision then it does not give her deputy the power to constitute the bench in the first place.
They continued by saying that there was not evidence that DCJ Mwilu was serving on an acting capacity nor was there any exception to the case.
The news will surely be welcomed by the former Deputy President who will now hope to expect a different ruling from his previous submissions.
