Impeached Deputy President Rigathi Gachagua has moved to the Court of Appeal seeking to stop the proceedings before the High Court on his removal, pending the determination of his appeal.
Mr Gachagua was dissatisfied with the ruling by the High Court on the powers of Deputy Chief Justice Philomena Mwilu to empanel a bench of judges to determine the cases.
“The applicant contends that the stated ruling is based on not only a misinterpretation of Article 165 (4) of the Constitution but also a violation of Articles 25, 27, 47, 48, 50 (1) and 260 as the Constitution accords the power to empanel and assign judges to only the Chief Justice of Kenya…therefore the DCJ has no power to assign and empanel Judges,” he said.
Through lawyer John Njomo, Mr Gachagua said the ruling by Justices Eric Ogola, Anthony Mrima and Dr Freda Mugambi is mistaken, erroneous and not only based on a grave misinterpretation of Article 165 (4) of the Constitution but also on a wrong analysis of the letter and spirit of the Constitution.
