GACHAGUA will be reinstated as DP or die trying as his Lawyer PAUL MUITE reveals the next action after High Court dismissed his impeachment petitions

Thursday, October 24, 2024 – Impeached Deputy President Rigathi Gachagua is not about to give up the fight any time soon.

Moments after the High Court dismissed his impeachment petitions, Gachagua's legal team refused to throw in the towel as they revealed plans to contest the ruling which stated that the Deputy Chief Justice is legally mandated to constitute a bench.

Justice Anthony Mrima ruled that Deputy Chief Justice Philomena Mwilu can perform administrative duties on behalf of Chief Justice Martha Koome.

“It is beyond peradventure that the DCJ can assign judges under Article 165 Sub Article 4 of the constitution whenever he/she is discharging any of the constitutional functions on behalf of the Chief Justice,” Mrima said in his ruling in what was another landmark blow to Gachagua in his quest to reclaim his Deputy President seat.

The judge added, "In this case, we do not find any fault in the DCJ assigning judges to sit in this bench more so when the CJ has not raised any red flag.”

Moments after the ruling, Senior Counsel Paul Muite issued a rejoinder that suggested the battle between the ousted Deputy President and the State was set to go on.

"Speaking for myself, obviously the decision is that of the client. I will be advising the client but it is for the client to make the final decision," Muite said before affirming that he will advise Gachagua to appeal the ruling.

He added: "But in fairness to me and the counsel, I will be seeking to persuade my client to appeal."

The three-judge bench comprising Freda Mugambi, Eric Ogola, and Antony Mrima was constituted by the Deputy Chief Justice to hear Gachagua's impeachment case. 

However, the impeached DP, through his legal team, argued that the only person who could empanel a bench was the Chief Justice.

The Kenyan DAILY POST