The Constitutionality of the establishment of a three-Judge bench by the Deputy Chief Justice Philomena Mwilu on Saturday to hear a case in which impeached Deputy President Rigathi Gachagua is challenging his ouster will be known on Wednesday afternoon.
This is after the impeached DP queried the legality of the Deputy Chief Justice empanelling a three-Judge Bench outside the judicial working hours alleging a plot to deny him the right to a fair trial.
This comes as President William Ruto in a petition filed by his lawyers is challenging the jurisdiction of the High Court to hear the impeachment case by Gachagua arguing legal matters touching on the presidency is a function reserved for the supreme court by the constitution.
On Tuesday, the prosecution and defense teams gathered before a three-Judge bench for what was expected to be an inter-parte hearing of a case in which impeached DP Rigathi Gachagua is challenging his ouster.
However, the hearing would temporarily be halted after Gachagua through his battery of lawyers queried the legality of the Deputy Chief Justice Philomena Mwilu constituting the bench.
In their argument, they claimed the Deputy Chief Justice usurped the powers of the Chief Justice.
Additionally, they alleged mischief in the manner in which the three-Judge Bench was constituted on a Saturday outside the normal judicial hours querying the urgency.
However, the lawyers acting on behalf of the respondents including the National Assembly, the Senate, Attorney General, and Kithure Kindiki among others, argued there was nothing peculiar terming their claims as baseless.
Further, Gachagua’s team called on the three-Judge Bench consisting of Judges Erick Ogola, Antony Mrima and Frida Mugambi to recuse themselves from hearing the orders of the Kerugoya Court that stopped the swearing-in of Professor Kithure Kindiki as the new Deputy President.
At the same time, President William Ruto through his legal Counsel Adrian Kamotho, wants the impeachment case referred to the Supreme Court arguing the high court lacks jurisdiction to hear the impeachment.
The court would adjourn a few minutes after 7.00 pm with the Judges pledging to give a ruling on Wednesday at 3.30 pm on whether the Deputy Chief Justice erred in law and if they were properly constituted to hear the case.
