Impeached Deputy President Rigathi Gachagua has suffered another blow after the High Court ruled in favour of DCJ Philomena Mwilu’s decision on the three judge bench.
Through a ruling on Wednesday, the three judge bench comprising of Freda Mugambi, Eric Ogola and Antony Mrima noted that the decision by the DCJ fell under her administrative duties.
They continued by saying that they clearly know the role of the DCJ which also involve sitting for the Chief Justice where applicable.
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“We find that there was a deliberate scheme by DCJ to deputize CJ in the Supreme Court but not JSC. DCJ can assign judges whenever she’s discharging administrative issues and especially when the CJ has not raised objections,” said Justice Mrima
Gachagua through his lawyers had challenged the formation of the three judge bench saying that it can only be done by the Chief Justice.
The court also dismissed claims that it had convened at odd hours saying that it is working within its jurisdiction.
“It is not unusual for the court to issue directions outside the normal working hours. Freda: Court can issue directions without the attendance of parties.” said Judge Freda Mugambi
