Gachagua appeals ruling on DCJ Mwilu’s selection of panel to hear impeachment case

Gachagua says that the ruling that Deputy Chief Justice Philomena Mwilu had powers to constitute the bench is wrong, mistaken, erroneous and based on a grave analysis of the constitution.

The impeached DP now wants the court of appeal to stay the high court proceedings pending the hearing and determination of the application.

“… unless the said orders are issued, any delay shall result in irreparable prejudice of the Applicant's rights to a Fair Trial & Hearing and ultimate loss of the substratum of his Petition E565 of 2024 which shall ultimately render both the intended Appeal herein and the Petition E565 of 2024 a nugatory, superfluous and moot,” Gachagua submits. 

He argues that unless the orders are issued he is that he is apprehensive that the bench shall proceed to hear and determine the interlocutory applications and Petitions herein in total violation of the Constitution.

Gachagua through his lawyers claims that the judges declined to extend orders issued in his favour saying that it was despite his efforts and oral applications to have the said interim conservatory orders extended.

‘That the actions and omissions of the impugned Bench are not only, wrong and unlawful but incorrect, and unprocedural,” reads the application.

The court last Wednesday ruled that DCJ Mwilu’s function as the assistant to Chief Justice Martha Koome was administrative.

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