Blow to Gachagua as Three-Judge Bench Rules on Case

Blow to Gachagua as Three-Judge Bench Rules on Case

Blow to Gachagua as Three-Judge Bench declines to disqualify itself from hearing and determining the case filed by former Deputy President Rigathi Gachagua.

The bench led by Eric Ogolla, Anthony Mrima and Fridah Mugambi ruled that the constitution granted Deputy Chief Justice Philomena Mwilu the powers to select a bench of judges to determine a case.

Using Article 165 (4) of the Constitution, Justice Mrima highlighted the Constitution grants authority to the Deputy Chief Justice to act on behalf of the Chief Justice on special occasions such as the one challenged by Gachagua’s legal team.

” It is, therefore, our finding that the constitutional function 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,” noted Justice Mrima

:In this case, we do not find any fault in the honourable DCJ assigning judges to sit in this bench more soon when the honourable Chief Justice has not raised any red flag,” he added.

The bench also went ahead to dismiss Senior Counsel Muite’s allegations that the three-judge bench was constituted at night without a formal sitting.

According to Justice Fridah Mugambi, the transfer of documents by the judicial officers could have as well been done using electronic means and not necessarily physical means as alleged by Gachagua’s legal team.

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