{"id":99945,"date":"2024-10-22T09:03:30","date_gmt":"2024-10-22T09:03:30","guid":{"rendered":"https:\/\/chezaspin.com\/blog\/index.php\/2024\/10\/22\/impeached-dp-gachagua-in-court-for-the-hearing-of-suit-seeking-to-halt-ouster\/"},"modified":"2024-10-22T09:03:30","modified_gmt":"2024-10-22T09:03:30","slug":"impeached-dp-gachagua-in-court-for-the-hearing-of-suit-seeking-to-halt-ouster","status":"publish","type":"post","link":"https:\/\/chezaspin.com\/blog\/impeached-dp-gachagua-in-court-for-the-hearing-of-suit-seeking-to-halt-ouster\/","title":{"rendered":"Impeached DP Gachagua in court for the hearing of suit seeking to halt ouster"},"content":{"rendered":"

NAIROBI, Kenya Oct 22 \u2013 Impeached Deputy President Rigathi Gachagua has arrived at the Milimani Law Courts for the inter-partes hearing regarding his impeachment.<\/strong><\/p>\n

Gachagua is challenging his removal, arguing that the case raises significant constitutional issues that warrant a panel of diverse judges.<\/p>\n

The three-judge bench, led by Eric Ogolla, will first determine whether the case is appropriately before them.<\/p>\n

In a letter to the Deputy Chief Registrar, Gachagua questioned the process that led to the case being assigned to the three-judge bench.<\/p>\n

\u201cThere are preliminary indications that the Chief Justice was not even in the country at the material time in question. For this reason, a formal complaint is being filed with the Judicial Service Commission,\u201d the letter read.<\/p>\n

He expressed concerns that the bench would not provide him with a fair hearing, alleging that the rescheduling of the hearing from Thursday to today was intended to expedite the swearing-in of Deputy President-elect Kithure Kindiki.<\/p>\n

Gachagua has indicated that he may file a formal complaint with the Judicial Service Commission to demand an investigation into the handling of his case.<\/p>\n

The impeached DP also sought answers on whether the petition which was filed before Justice Mwita was forwarded to the three-judge bench since it was not among the consolidated 19 cases seeking orders to halt the impeachment process in Parliament.<\/p>\n

\u201cIt is also evident that the jurisdiction of the Chief Justice is being usurped. The lightning speed with which the Kerugoya file was grabbed and directions were issued on a Saturday seems like a well orchestrated plan to trample on the rights of the Petitioner by denying him a fair trial,\u201d he contended.<\/p>\n

Justice Freda Mugambi, sitting at the Kerugoya High Court, issued the directive on Saturday amid successive court orders from across the country on the matter.<\/p>\n

Gachagua had secured orders from Justice Chacha Mwita on Friday, suspending the Senate\u2019s resolution to impeach him, with the judge restraining the National Assembly from considering a replacement.<\/p>\n

Mwita\u2019s decision was followed by a similar ruling from a judge in Kerugoya, with both justices referring the suits to Chief Justice Martha Koome to constitute a bench.<\/p>","protected":false},"excerpt":{"rendered":"

NAIROBI, Kenya Oct 22 \u2013 Impeached Deputy President Rigathi Gachagua has arrived at the Milimani Law Courts for the inter-partes hearing regarding his impeachment. Gachagua is challenging his removal, arguing that the case raises significant constitutional issues that warrant a panel of diverse judges. The three-judge bench, led by Eric Ogolla, will first determine whether […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-99945","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/99945","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=99945"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/99945\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=99945"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=99945"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=99945"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}