RAILA ODINGA says DCJ MWILU was right in naming a three-judge bench to hear GACHAGUA’s case.

Wednesday, October 23,2024 - A close ally of former Prime Minister Raila Odinga has defended Deputy Chief Justice Philomena Mwilu, stating that she was right to reconstitute a three-judge bench to hear the impeachment case against Deputy President Rigathi Gachagua.

Gachagua was impeached by the Senate on Thursday, and on Friday, he secured a conservatory order preventing the President from appointing his replacement, who was expected to be Prof. Abraham Kithure Kindiki.

While issuing the conservatory order, a Kerugoya court directed Chief Justice Martha Koome to form a three-judge bench, as Gachagua’s petition raised weighty constitutional matters.

In haste, Mwilu took the case and reconstituted a three-judge bench that even sat on Saturday to hear the case.

On Tuesday, Gachagua’s lawyer argued that DCJ Mwilu was not authorized to form the bench, as Chief Justice Martha Koome was available to do so.

However, Raila Odinga’s spokesman, Prof. Makau Mutua, argued that Deputy Chief Justice Mwilu had the right to reconstitute a three-judge bench, noting that courts are also permitted to sit on Saturdays.

This is what Prof Makau Mutua wrote on X.

The Kenyan DAILY POST.