The Court of Appeal has declined to issue orders to stop the High Court from proceeding with cases challenging the impeachment of ousted Deputy President Rigathi Gachagua.
In a ruling on Thursday, October 31, Justices Patrick Kiage, Aggrey Muchelule and George Odunga directed that the matter be heard on November 6.
This comes after Gachagua moved to the Court of Appeal to challenge the ruling of the High Court, which determined that the empanelment of the three-judge bench by Deputy Chief Justice Philomena Mwilu was procedural.
Through his lawyers, the impeached deputy president argued that High Court Judges Eric Ogola, Anthony Mrima and Freda Mugambi misinterpreted the Constitution, maintaining that only the Chief Justice can empanel a bench to hear a case.
"The applicant contends that the stated ruling is based on not only a misinterpretation of Article 165 (4) of the Constitution but also a violation of Articles 25, 27, 47, 48, 50 (1) and 260 as the Constitution accords the power to empanel and assign judges to only the Chief Justice of Kenya, therefore the DCJ has no power to assign and empanel Judges," Gachagua’s appeal read in part.
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In the ruling, the three-judge bench affirmed that there was nothing wrong with Mwilu appointing the bench to hear a case given that she was acting in the absence of the Chief Justice.
Previously, the three-judge bench disallowed an application on their recusal.
Gachagua and his legal team had made an application in court seeking to have the judges recuse themselves from the matter, citing their close links with officials in government.
The three-judge bench is set to deliver a ruling on the conservatory orders issued to halt the appointment and swearing-in of a new deputy president.
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