DCJ Mwilu Powers Challenged in Gachagua’s Case as Lawyers Clash in Court

Lawyers representing impeached Deputy President Rigathi Gachagua have raised concerns over why Deputy Chief Justice Philomena Muilu constituted a bench on Saturday to hear Gachagua’s matter.

The lawyers led by Ndegwa Njiru said that the DCJ has no powers to constitute a bench.

Ndegwa Njiru sought clarification from the three-judge bench as to whether the DCJ has such powers to execute such a mandate.

Njiru also argued before the court that some of the files that they submitted before the court have been dismissed which is unfair on their side.

However, lawyer Peter Wanyama pointed out that the constitution expressly provides that the Chief Justice shall appoint a bench to handle substantive matters that involve questions of law. At the same time, the constitution states that the Deputy Chief Justice shall deputize the Chief Justice, so there is nothing wrong with what the DCJ did.

Gachagua was accompanied by his lawyers led by Senior Counsel Paul Muite, Elisha Ongoya, Ndegwa Njiru, Victor Swanya, Faith Waigwa, George Wandati, Tom Macharia, and Dunstan Omari.

The courtroom was filled with people and security beefed up with people eagerly waiting for the three bench judges, Justice Eric Ogola, Anthony Mrima, and Fred Mugambi to deliver a ruling about his impeachment.

Gachagua arrived at the court hours after the Directorate of Criminal Investigations (DCI)summoned him to appear before them to answer claims that there was an attempt to kill him twice.

Gachagua arrives at Milimani Law Court

He was also in the company of his son, Keith Rigathi, who has been accused by the National Assembly of acting as a conduit to plunder public resources.

The impeached Deputy President was also seen in the company of former United Democratic Alliance Secretary General Cleophas Malala, Githunguri MP Gathoni Wamuchomba, former Laikipia Woman Representative Cate Waruguru and Kirinyaga Woman Representative Njeri Maina.

Also present in the courtroom were the National Assembly defense Lawyers including Paul Nyamodi, Murugara George, and Erick Gumbo.

Also Read: DCI Summons Rigathi Gachagua

Lawyer Kibe Mungai was also present in court acting for Petitioner David Mathenge in the Kerugoya matter David Mathenge vs National Assembly, Senate, and Kindiki.

In the lawsuit where the Attorney General is also a party, Dorcus Oduor introduced her legal team, which included Professor Githu Muigai, Shadrack Mose the Solicitor General, and Charles Mutinda, the Deputy State Counsel representing her.

Dorcus Oduor introduces lawyers representing NA, Senate and Kindiki

Additionally, she introduced lawyers representing the National Assembly Speaker, Benson Milimo and Josphat Kuyoni, as well as lawyers representing the Senate, including Kisumu Senator Tom Ojienda, Bomet Senator Hillary Sigei, and lawyers Mercy Kanji and Peter Wanyama representing the Speaker of the Senate.

Moreover, the AG also introduced lawyers representing Deputy President Nominee, Interior Cabinet Secretary, Professor Kithure Kindiki who included Muthomi Kiankolu, Moses Kipkosgey, and Ken Meli.

Also Read: Gachagua Fights Back a Day Before Courtroom Fireworks

Earlier on Monday, October 22, the impeached Deputy President’s lawyers wrote a letter to the Judiciary questioning how one of the cases challenging his impeachment was placed before a 3-judge bench on Saturday October 19, without consulting Chief Justice Martha Koome.

“We act for His Excellency Rigathi Gachagua, the Deputy President of the Republic of Kenya (hereafter referred to as “our Client” who is the Petitioner in this matter,” the letter read in part. 

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