Impeached Deputy President Rigathi Gachagua has moved to the Court of Appeal seeking orders staying the ruling delivered last week by a three judge bench.
Gachagua in his appeal contends that the High Court’s decision that held that the Deputy Chief Jstice Philomena Mwilu can assign judges is wrong, mistaken, erroneous and based on a grave misinterpretation of article 165(4) of the constitution and wrong analyse, of the letter and spirit of the Constitution.
“The ruling dated October 211, is based on not only a misinterpretation of article 105(4) of the constitution but also a violation of article 25, 27, 47, 48, 50(3) and 260 as the corestitution accords the power to empanel and assign judges to only the chiel pustice of kenya and therefore the DCI has no power to assign and emjanel judges,” argues Gachagua.
Gachagua now wants the Court of Appeal to stay the High Court proceedings pending hearing and determination.
“Unless the said orders are issued, any delay shall result in irreparable prejudice of the applicant’s right to fair trial and hearing,” Gachagua says.
Gachagua through his lawyers argues that unless the orders are issued he is apprehensive that the bench shall proceed to hear and determine the interlocutory applications and petitions herein in toral violation of the Constitution.
He argues that Justice Eric Ogola, Anthony Mrima and Lady Justice Frida Mugambi refusal to extend the conservatory orders baring the implementation of the resolution of the senate that upheld the impeachment charges against him violated his rights
He claims that the bench’s decision was arbitrary, unjust, procedurally improper and in disregard of their oral application “to have the interim orders extended in order to preserve the substratum of his petition”.
“On the said day of October 24, when the said conservatory orders were set to lapse, in a manner akin to unfair judicial action contrary to article 20,21,22,23,47,48 and 50 of the constitution, the impugned bench unlawfully and illegally neglected, overlooked ignored and/or declined to extend the said interim conservatory orders,” said Gachagua.
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