Gachagua Suffers First Blow in Attempt to Block Kindiki Swearing In

Gachagua Suffers First Blow in Attempt to Block Kindiki Swearing In

Gachagua Suffers First Blow after the Court of Appeal declined to issue orders to stop the three-judge bench constituted by Deputy Chief Justice Philomena Mwilu to determine his fate.

Justices George Odunga, Patrick Kiage and Agrey Muchelule directed that the case will be heard on November 6, this year.

The judges stated that they could not grant Gachagua’s request, citing procedural problems culminating from the failure to adequately list and serve all parties involved in the consolidated case.

The Court of Appeal therefore ordered that all the interested parties be served by tomorrow Friday, November 1, and that they respond to the orders orders service by Monday next week.

Gachagua had moved to court to stop the three-judge bench consisting of justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi, over what his lawyers termed was unlawful empanelment.

In his application, Gachagua argued that the constitution of the bench was unlawful since Chief Justice Martha Koome did not have an input in it and wanted the Court of Appeal to issue orders stopping the three judge bench from proceeding with the case

He further argued that Articles 25, 27, 47, 48, 50 (1) and 260 of the Constitution only accords the Chief Justice the powers to empanel a bench and not any other judicial officer.

“The applicant contends that the stated ruling is based on not only a misinterpretation of Article 165 (4) of the Constitution but also a violation of Articles 25, 27, 47, 48, 50 (1) and 260 as the Constitution accords the power to empanel and assign judges to only the Chief Justice of Kenya…therefore the DCJ has no power to assign and empanel Judges,” the appeal by Gachagua’s team read in part

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