Ousted Deputy President Rigathi Gachagua has written to the judiciary questioning how cases challenging his impeachment were placed before a 3-judge bench without concrete direction from Chief Justice Martha Koome.
Through his lawyer John Njomo, the embattled Gachagua demanded to know whether Chief Justice Martha Koome was involved in the selection of an uneven number of judges to determine all petitions challenging the impeachment process in a letter dated October 20, 2024.
In the letter addressed to the Deputy Registry High Court, Gachagua's legal team further questioned why the same three-judge bench that tossed out his application seeking conservatory orders also 'hastily' declined to lift an order blocking Deputy President nominee Kithure Kindiki from assuming the position.
The judges are also accused in the letter of claiming there was no open date to hear the petitioners' cases until October 29. However, when the government went to the same bench with two new cases the bench somehow managed to find two days earlier than the 29th they had said they would be available including a sitting on Saturday 19
"The judges further considered and issued directions in Kerugoya High Court and issued similar directions for hearing on October 22, 2024." the letter read in part.
Further, Gachagua's team claims the 3-judge-bench, Justices Eric Ogola, Antony Mrima and Freda Mugambi, who were constituted to oversee 6 cases are set to work on two more cases on Tuesday, October 22. This is despite the judges not being constituted to handle the Tuesday cases.
Gachagua's lawyer argued that this was a well-executed plan to 'trample the rights of the petitioner'.
The impeached Deputy President's legal team is convinced CJ Koome was not in the country to give direction on the Judiciary's next course of action. His lawyers are adamant the impeached DP was denied a fair trial right from the National Assembly to the Senate and now the Judiciary.
On Sunday, Gachagua made his first remarks since being admitted to the hospital with chest pains while on the verge of getting cross-examined by the National Assembly's counsel. During his press briefing, the ousted DP made it clear he would fight his impeachment in court, urging CJ Koome to ensure justice was served.
“I ask the Chief Justice Martha Koome to live true to the fidelity of our Constitution,” he said, insisting that he should have been given the opportunity to defend himself before the Senate before his impeachment.
He added: “I requested that according to the rules of natural justice, I be given the opportunity to appear before the Senate. In the National Assembly, I was there and defended myself. In the Senate, I was there day one and I was ready for cross-examination."
Interior Cabinet Secretary Kithure Kindiki, who was handpicked by President William Ruto to replace Gachagua, was supposed to be sworn in on October 19, 2024. However, two petitioners - David Munyi Mathenge and Peter Gichobi Kamotho - moved swiftly to a Kerogoya High Court to stop the swearing-in, suing the Senate and the Speaker of the Senate in the process.
The bigger picture: As it stands, the odds are heavily against Gachagua as the three-judge bench he is adamantly against is scheduled to hold an inter-partes hearing on Tuesday to consider a suit challenging his impeachment.
