The High Court will on Wednesday rule whether Deputy Chief Justice Philomena Mwilu has powers to constitute a three-judge bench to hear Rigathi Gachagua’s impeachment case.
Gachagua’s lawyers argued that the bench can only be constituted by the Chief Justice, a position objected to by the respondents’ lawyers.
All cases involving impeached DP Gachagua’s petitions have been consolidated, with President William Ruto being included as a respondent in the consolidated matter.
Gachagua on Tuesday appeared in person for the mentioning of a petition by the Attorney General seeking a three-judge bench to vacate conservatory orders issued by Justices Chacha Mwita and Richard Mwongo, stopping the assumption of office by Kithure Kindiki as Deputy President.
The Justice Eric Ogola-led three-judge bench stated that it will rule on the matter on Wednesday, October 23, 2024.
The court will afterwards deliberate on the recusal petitions filed before it.
