The High Court was forced to adjourn on Tuesday after the legal teams representing impeached deputy president and other parties went at each other forcing the judges in the case to announce temporary adjournment.
This followed a heated debate and legal exchange between impeached Deputy President Rigathi Gachagua's team and the court regarding the composition of the three-judge bench hearing the case.
Gachagua's team told the court that the bench hearing the case was unlawfully constituted and therefore wanted a clarity on the process behind its composition.
The three bench judge comprising Justices; Eric Ogola, Anthony Mrima, and Frida Mugambi ruled that the matter and questions raised by Gachagua's team had heavy implications and thus the court would not proceed with the confusion.
The presiding judge, Ogola directed Gachagua's lawyers to file a different petition in regards to their demands, after which the session would resume at 2 pm for a ruling to be made.
''This court has the control of the proceedings and this is a very weighty matter, it concerns the Deputy President of this country, I will not allow everybody to speak because if everybody is going to speak, we are going to head in post, on the validity of this bench to sit,'' Ogola directed.
‘’This is the direction we are making, the application challenging the validity of this court to sit must be filed within one hour and responded to within one hour. We will come to listen to that application,’’ he added.
Earlier, Gachagua's legal team argued that Deputy Chief Justice Philomena Mwilu had no powers to constitute a bench, after reports emerged that she constituted the bench of the three judges who were presiding over the case.
Mwilu's decision came after Chief Justice Martha Koome had reportedly flown out of the country at the time the bench was constituted.
Ndegwa Njiru, Gachagua's lawyer, maintained that there was discrimination on part of the court, reading from the decision to have Mwilu compose the bench.
He added that such a sinister move indicated that the government was vested in the matter and therefore wanted some rulings made in their favour.
''Why are we being discriminated against by the court that our files are not considered as a priority? The DCJ is empaneling the bench, we are called in lightning speed to appear before you. Is it not because there are some orders that the State wants to vacate?'' Ndegwa argued.
The judge therefore adjourned the hearing to 2pm.
