Wednesday, January 22, 2025 – Former Deputy President Rigathi Gachagua has refused to go down without a fight.
This is after he moved to the
Court of Appeal to challenge three High Court judges over their ruling on his
impeachment.
In yet another attempt to keep
his political life alive, Gachagua named President William Ruto as a respondent
as his legal team decried a conflict of interest involving the three-judge
bench empaneled to hear and determine his case in October 2024.
Amid a battle to retain his DP
seat in October 2024, Gachagua was dealt a blow when the High Court ruled that
Deputy Chief Justice (DCJ) Philomena Mwilu acted within the law in empanelling a
three-judge bench comprising justices Anthony Mrima, Eric Ogola, and Fridah
Mugambi to hear the impeached DP's case.
However, in another appeal,
Gachagua's team led by Baragwi Ward MCA David Munyi Mathenge raised concerns
over a possible conflict of interest involving the three judge-bench who are
said to be close friends with elements involved in the former DP's ouster.
The application particularly
brought forth ties of Justice Anthony Mrima to Senate Speaker Amason Kingi -
citing Kingi's attendance at Justice Mrima's wedding ceremony where the Speaker
referred to Mrima as a 'long-time friend'.
More controversially, Gachagua's
legal team also mentioned that Justice Eric Ogola’s spouse holds a prestigious
position at a reputable agency, courtesy of the presidency.
Speaker of the National Assembly
Moses Wetangula, who oversaw the MP's overwhelming votes to impeach Gachagua, was
also named in the lawsuit as a respondent.
The judges are also accused of
'determining the merits of the recusal applications before hearing the parties
in the recusal applications.
This, according to Gachagua's
legal team, was a blatant denial of his right to a fair hearing.
Further, the judges were accused
of failing to take into consideration Justice Chacha Mwita's orders from
October 18 2024 halting the replacement of Gachagua as Deputy President.
The Kenyan DAILY POST.
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