Former DP Rigathi Gachagua's impeachment case has received reprieve after two petitioners petition seeking to remove three judges from hearing the case. Photo: Rigathi Gachagua.
Former president Rigathi Gachagua’s case has taken a new twist, after two petitioners have filed a case, seeking withdrawal of three judges in the former deputy president Rigathi Gachagua’s impeachment case.
The affected judges include Supreme Court Judges Justice Anthony Murima, Freda Mugambi and Fred Ogola, According to the two petitioners, the three judges age is advanced and the case requires fresh minds and have a hidden agenda, for resisting to handle the case.
” The three said judges have assumed an unjustifiable and opaque reason to cling to this petition and drive its determination in a manner detrimental to the securing of justice objectively,” read part of the court documents filed by Aura,” read the court document.
The businessman Joseph Aura, through his lawyer argued that despite writing to Chief Justice Martha Koome to have an expanded bench of five judges extended, Koome retained the case to the three judges, who are not expected to change their position. Aura is also seeking to have the three judges stopped from hearing the amended petition filed.
Koome reappointed the three judges to hear the case. However, Gachagua received a short-lived joy, after the Court of Appeal dismissed the decision earlier made by DCJ Philomena Mwilu to appoint a three-judge bench to hear petition by Gachagua seeking to block Kithure Kindiki.
Gachagua’s lawyers led by Paul Muite, had argued that the impeachment process initiated by the National Assembly was flawed, maintaining that the DP was not afforded a fair hearing due to the limited time frame imposed in just 12 days.
They further emphasized that the events surrounding the impeachment process, were not in accordance with Constitution of Kenya, guided principles on the impeachment process.
However, the ousted DP has not been centered towards the case, but been rallying to ensure that his former boss President William Ruto does not secure a second chance, over what he has frequently termed as political betrayal, not only for him but the people of Mt. Kenya region.
