Finger on the pulse: DP removal cases face further delay on legal ping-pong
The hearing of more than 30 cases challenging the removal of Deputy President Rigathi Gachagua has been delayed further as his lawyers continue to question the empanelling of the judges. Mr Gachagua’s lawyers have already signalled their intention to appeal the ruling by a three-judge bench that Deputy Chief Justice Philomena Mwilu had the power to appoint the panel to hear the cases.
But even as the lawyers planned to appeal against the ruling by judges Eric Ogola, Anthony Mrima and Dr Freda Mugambi, they insisted that another application seeking the recusal of the bench for alleged bias be heard before any other matter. At the same time, Attorney-General Dorcas Oduor and Parliament urged the court to hear their application seeking to set aside an order preventing Interior Cabinet Secretary Kithure Kindiki from assuming the DP position.
Through Senior Counsel Tom Ojienda, the Senate said they needed only 30 minutes to argue their application while the “opposing team can take as much time as they wished”. The sentiments were supported by Paul Nyamodi, who submitted that Mr Gachagua’s lawyers were determined to scuttle the hearing of their application to lift the conservatory order by engaging the court in countless applications.