The Court Opposes Rigathi Gachagua's Appeal to Delay the Hearing of His Impeachment Case

• The Supreme Court has rejected the request of the former Deputy President Rigathi Gachagua to hear the request to annul his removal
• In explaining the reasons for the recent decision, the court termed the request for extension of time as a disguise
• This is happening while activist Joseph Aura wants his case to be heard quickly and wants Deputy President Kithure Kindiki to be removed from office

Former vice president Rigathi Gachagua has lost his bid to delay the hearing of the consolidated cases seeking to overturn his removal from office.

The former vice president had asked for a 21-day delay in the trial to allow the Court of Appeal to rule on his application on the constitutional validity of the three-judge bench, which includes Justice Fridah Mugambi, Justice Eric Ogola (presiding) and Justice Anthony Mrima.

However, the bench described the request for extension as a cover-up.

“The request for an extension of time is a cover-up, as this court rejected the request for an injunction that the court rejected. We reject the request for an extension of time and wait for the appeal,” they decided.

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What? what was the judgment given in the case of dropping Kindiki?

At the same time, Activist Joseph Aura, through his lawyer Harrison Kinyanjui, urged a quick hearing of his case to demand that Deputy President Kindiki Kithure be removed from office, explaining that the nation is facing serious issues that need to be addressed.

“My client is concerned that further delay will affect his right to a fair hearing and a speedy conclusion to this matter of great national importance under Article 159(2)(b) of the constitution.

“The nation is seeking answers to the questions raised in these cases regarding the unconstitutional removal of HE Rigathi Gachagua from the position of Deputy President. It is important to determine if the process of removal was procedural and constitutional. It would be better to expedite the completion of the application rather than delaying the matter through proposed We are eager to prosecute our Petition but legally,” Kinyanjui told the three-judge bench.

He told the court that the suspension of the case in the application would be harsh and would interfere with his client's right to justice and a fair hearing.

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“Our request as a stand-alone request is firm and has irrefutable evidence that the respondents have failed to refuse. Only the Attorney General, the Senate and the National Assembly have responded,” he added.

The case will now be mentioned on February 27 for further instructions.

Why was the Gachagua case pushed to 2025?

The decision of the High Court in November 2024 made Gachagua wait for a long time for the decision of his impeachment case.

The Nairobi court decided to schedule the mention of the petition in January 2025. This happened after the plaintiffs in the Gachagua case asked the court to wait for the decision of the Court of Appeal.

Gachagua had moved to the Court of Appeal to challenge the High Court's decision that Deputy Chief Justice Philomena Mwilu did not violate the constitution by forming a three-judge bench that included judges Mrima, Ogola and Mugambi.

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Source: TUKO.co.ke