BY SAM ALFAN.
Embattled Deputy President Rigathi Gachagua now wants Court of Appeal to suspend the hearing of proceedings at the High Court, challenging his impeachment.
Gachagua says he was dissatisfied with the ruling of the High Court on powers of Deputy Chief Justice Philomena Mwilu, to appoint a bench to determine the cases.
Gachagua further wants an order, suspending the decision to remove him from office, extended.
The order lapsed on October 24 and attempts by his lawyers to have the order extended were declined.
Through veteran lawyer Paul Muite, Gachagua wants the High Court proceedings suspended, pending hearing and determination of the appeal.
“An order staying the proceedings of the High Court in Nairobi High Court constitution petition the proceedings of the High Court in Nairobi High Court Constitutional Petition No. E565 of 2024 as consolidated with Kerugova E013 of 2024, E014 of 2024 and E015 of 2024 H.E. Rigathi Gachagua and 8 others-vs-Speaker National Assembly and 12 others pending hearing and determination,” seeks embattled DP.
Muite submitted that there was imminent risk that the proceedings before the High Court shall be concluded before the intended appeal is heard and determined, rendering his appeal useless.
He argues that he has an arguable appeal which is not frivolous and that unless the order of stay of proceedings pending appeal is issued, the intended appeal shall rendered nugatory.
In his affidavit, Gachagua argue that on the 18th of October 2024 the High Court issued a conservatory order and directed that the file be transmitted to the Chief Justice for the constitution of an uneven number of judges in accordance with Article 165(4) Constitution.
“I am apprehensive that given the fact that the court determined that the bench comprising three judge bench was properly empaneled by the Deputy Chief Justice the court shall proceed to hear and determine the pending applications as well as the consolidated petitions before my appeal is heard and determined, adds Gachagua.
He adds that it is important that the appeal relating to the validity of the empanelment of the bench comprising of judges Ogola, Mrima and Mugambi be heard and determined to resolve the issue before the High Court takes steps in hearing the pending applications as well as the consolidated petitions.
He further state that High Court declined to extent the conservatory orders that were issued on 18th October 2024 by Justice Enock Mwita despite the fact that the non-extension of the orders present the risk that the assumption into office of the Deputy- President by the nominees shall proceed then rendering the petition pending before the High Court moot.
“I believe that I have an arguable appeal on merit that would be rendered moot if the proceedings before the High Court is not issued. In light of the foregoing, unless this court certifies this matter urgent and facilitates the setting of a priority hearing date to prevent the appeal as well as the substantive petition pending before the High Court shall be rendered moot,” says Gachagua in his affidavit.
