Blow to Gachagua as Court of Appeal denies request to stop High Court proceedings

Impeached Deputy President Rigathi Gachagua has been dealt another blow after the Court of Appeal declined to grant orders to stop the High Court from further prosecuting his ouster case.

Gachagua moved to the appellate court noting that he is dissatisfied with the ruling delivered last week by a three-judge bench that approved the decision by Deputy Chief Justice (DCJ) Philomena Mwilu to empanel the bench.

The ousted DP was not pleased with the ruling that DCJ Mwilu had powers to constitute the bench, terming it wrong, mistaken, erroneous and based on a grave analysis of the constitution.

He was of the view that the bench can only be constituted by the Chief Justice.

The three-judge bench comprising Justices Antony Mrima, Eric Ogola and Freda Mugambi ruled that the Constitution had set out the roles of the DCJ which included substituting the CJ where applicable.

Gachagua's fate now lies with the High Court as it is set to decide on whether to approve or block the swearing-in of nominated Deputy President Kithure Kindiki.

The bench is set to define Gachagua's tipping point after he was impeached by the Senate on October 17.