Lawyers representing the embattled Deputy President Rigathi Gachagua have called for the recusal of a three-judge bench comprising Justices Eric Ogolla, Dr. Freda Mugambi, and Anthony Mrima from hearing his impeachment case.
The lawyers contended that only Chief Justice Martha Koome possesses the legal authority to appoint such a bench, a claim that has sparked significant debate within the legal community.
In response, Githu Muigai, the State Law Office lawyer and Attorney General Emeritus, refuted the assertion, stating that the Deputy Chief Justice (DCJ) has the legal mandate to form a three-judge bench when delegated such powers by the Chief Justice.
According to Muigai, the framers of the 2010 Constitution intended for the DCJ to have these constitutional powers, ensuring the efficient functioning of the judiciary.
As the controversy unfolds, all cases involving Gachagua’s petitions have been consolidated, with President William Ruto named as a respondent in this significant legal matter.
The three-judge bench, led by Justice Ogola, has announced that it will deliver a ruling on the matter on Wednesday, October 23, 2024, determining the legitimacy of the DCJ’s authority in constituting the bench.
