
Gachagua's Bid To Suspend Ouster Case Declined
Gachagua’s Bid To Suspend Ouster Case Declined
Gachagua moved to the Court of Appeal in October last year, challenging the High Court ruling that found it constitutional for the deputy chief justice to constitute a bench of judges to hear a matter when the Chief Justice is away.
DCJ Philomena Mwilu constituted the bench of justices Eric Ogola, Freda Mugambi, and Antony Mrima to hear petitions filed in respect of Gachagua’s impeachment.
However, Gachagua’s lawyers, led by Paul Muite and Elisha Ongoya then argued that the DCJ had no powers to constitute the bench. Judges Ogola, Mugambi, and Mrima in their ruling then held that the bench was properly constituted before Gachagua moved to the Court of Appeal. The matter is pending a hearing in the appellate court.
On Thursday during a mention for directions on how the case should proceed in the High Court, Gachagua’s lawyers asked the court to stay its proceedings pending the outcome of the appeal.
“We are asking this court to stay these proceedings to give the court of appeal reasonable time to hear and determine the appeal,” said lawyer Dudley Ochiel.
“We restate our position that at any time we would be served with a stay order, we will down our tools,” Ogola said.
The court however granted the petitioners 14 days to amend their petitions and serve on the respondents. The respondents were also given another 14 days to file replying affidavits before the case is mentioned again on February 27 for fixing a hearing date.
Gachagua’s Bid To Suspend Ouster Case Declined