Impeached Deputy President Rigathi Gachagua has failed to stop the delivery of the ruling on the swearing-in of the Interior Cabinet Secretary Kithure Kindiki.
The Court of Appeal has also declined to suspend the bench appointed by Deputy Chief Justice (DCJ) Lady Justice Philomena Mwilu.
Further, the court of appeal has set the hearing date to November 6, 2024.
Meanwhile, a three-judge bench led by Justice Eric Ogola is expected to deliver a ruling on whether or not to lift the conservatory order barring DP nominee Kithure Kindiki from being sworn in.
Also Read: Gachagua Speaks a Day Before Ruling
Battle in Court
The National Assembly Speaker Moses Wetang’ula gazetted Kindiki as the Deputy President-Elect on October 18, after he was nominated during a special sitting in Parliament.
Kindiki was overwhelmingly supported by a majority of 236 Members of Parliament (MPs), with no legislator opposing or abstaining.
However, on the same day, the High Court of Kenya through Lady Justice Freda Mugambi Githiru declined to lift orders that had been issued, stopping Kithure Kindiki from assuming the DP’s office.
The order was to take effect pending the hearing and determination of the case.
Lady Justice Freda Mugambi noted that due to the urgency and weighty issues raised in the case, a three-judge bench would hear the matter.
Also Read: Duale Reveals Why Gachagua Could Not be Saved
Court to Seal Fate of Gachagua
A three-judge bench comprising Justices Antony Mrima, Eric Ogola and Freda Mugambi is expected to seal the fate of embattled Rigathi Gachagua.
When President William Ruto nominated Kindiki to replace Gachagua, he launched a legal battle to contest the legality of his removal.
He contested the selection of the three-judge bench selected by DCJ Philomena Mwilu to preside over his impeachment case, arguing that the bench can only be constituted by the Chief Justice. However, Mwilu’s decision was upheld.
Also, Gachagua filed an application wanting the judges to recuse themselves from the case, but his request was denied.
Consequently, Gachagua moved to the Court of Appeal the decision, arguing that he was dissatisfied with the ruling delivered by the three-judge bench.
Now, Gachagua has moved to have the court of appeal stay the High Court proceedings pending the hearing and determination of the application.
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