Gachagua’s appeal against 3-judge bench formed by DCJ Mwilu to be heard next month

Former Deputy President Rigathi Gachagua’s appeal case against the formation of the three-judge High Court bench by Deputy Chief Justice Philomena Mwilu will now be heard before December 20, 2024.

This as the court is expected to give notice of hearing before the closure of judiciary term this year.

In the Court of Appeal proceedings presided over by Justices Patrick Kiage, Aggrey Muchelule and George Odunga, Gachagua sought that his matter be heard on priority basis, owing to its public interest nature.

The ousted DP argued that the three-judge bench that lifted conservatory orders okaying his replacement was unconstitutional and illegal saying it should have been constituted by Chief Justice Martha Koome.

The former DP also withdrew parts of his appeal which he said were overtaken by events after Prof. Kithure Kindiki was sworn in as the new Deputy President.

Gachagua’s lawyer Paul Muite told the court that the matter has been overtaken by events since the court heard it and vacated orders that paved way for the swearing in of Prof. Kindiki.

"The application has already been filed...this matter deserves a decision to its conclusion…we pray for withdrawal of the application but the court considers issuing directions to the substantive appeal," Muite said.

Prof. Githu Muigai, representing the Attorney General, did not oppose the withdrawal of the application.

"We encourage the application for withdrawal but the other appeal has to be done administratively," Githu said.