Rigathi Gachagua's legal team refused to throw in the towel on Wednesday, October 23 as they revealed plans to contest the latest court ruling which stated that the Deputy Chief Justice is legally mandated to constitute a bench.
All eyes were on Justice Anthony Mrima at the High Court, as the judge ruled that a Deputy Chief Justice, in this case, Justice Philomena Mwilu, can perform duties on behalf of the Chief Justice.
“It is beyond peradventure that the DCJ can assign judges under Article 165 Sub Article 4 of the constitution whenever he/she is discharging any of the constitutional functions on behalf of the Chief Justice,” Mrima said in his ruling in what was another landmark blow to Gachagua in his quest to reclaim his Deputy President seat.
The judge added, "In this case, we do not find any fault in the DCJ assigning judges to sit in this bench more so when the CJ has not raised any red flag.”
Moments after the ruling, Senior counsel Paul Muite issued a rejoinder which suggested the battle between the ousted Deputy President and the State was set to go on.
"Speaking for myself, obviously the decision is that of the client. I will be advising the client but it is for the client to make the final decision," Muite said before affirming that he will advise Gachagua to appeal the ruling.
He added: "But in fairness to me and the counsel, I will be seeking to persuade my client to appeal."
The three-judge bench comprising Freda Mugambi, Eric Ogola and Antony Mrima was constituted by the Deputy Chief Justice to hear Gachagua's impeachment case.
However, the impeached DP, through his legal team, argued that the only person who could empanel a bench was the Chief Justice.
Despite Paul Muite's best efforts, Gachagua's last shot at saving his seat as Deputy President now sits with the same judges he wanted tossed out from his case.
What next: After the latest court ruling, the hearing of applications in Gachagua's impeachment case a the High Court will resume on Thursday, October 24.
Gachagua's dwindling hopes of retaining his Deputy President seat lie with the Judiciary, as there is a possibility the High court could find his impeachment was unfair and unconstitutional.
