Impeached Deputy President Rigathi Gachagua has encountered another significant setback after the Court of Appeal declined his request to suspend the ongoing High Court proceedings regarding his removal from office.
This ruling adds to the challenges he faces in the aftermath of his impeachment by the Senate on October 17.
Gachagua had turned to the appellate court following a three-judge panel’s ruling last week, which upheld Deputy Chief Justice (DCJ) Philomena Mwilu’s authority to assemble the bench tasked with reviewing his case.
He expressed dissatisfaction with this decision, claiming that it was erroneous and based on a misinterpretation of constitutional provisions.
Gachagua argued that the power to form such a bench should rest solely with the Chief Justice, not the DCJ.
Despite Gachagua’s claims, the three-judge panel comprised of Justices Antony Mrima, Eric Ogola, and Freda Mugambi affirmed that the Constitution indeed grants the DCJ specific duties, including the ability to substitute for the Chief Justice when necessary.
This ruling effectively diminishes Gachagua’s arguments against the legitimacy of the bench reviewing his impeachment case.
As it stands, Gachagua’s fate now lies with the High Court, which is expected to decide whether to approve or block the swearing-in of the newly nominated Deputy President Kithure Kindiki.
This decision carries significant implications not only for Gachagua’s political future but also for the broader political landscape in Kenya.
The High Court’s forthcoming ruling will be closely watched, as it may set a critical precedent for future cases involving public officials facing similar challenges.
Gachagua’s situation serves as a reminder of the ongoing complexities within Kenya’s political framework, particularly concerning the accountability of public leaders.
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