The judge bench formed to hear impeachment proceedings against Deputy President Rigathi Gachagua has adjourned to allow parties to file applications challenging the validity of its empanelment.
The bench consists of Justices Eric Ogolla, Anthony Mrima and Freda Mugambi.
Presiding judge Ogolla directed that the sitting resumes at 2 pm saying they will both have an hour to comply.
Impeached Deputy President Rigathi Gachagua had demanded an explanation be given as to how Deputy Chief Justice Philomena Mwilu appointed a three-judge bench to hear an application by the state seeking to set aside orders blocking Kithure Kindiki's appointment.
Gachagua through his team of advocates led by Senior Counsel Paul Muite argued that the only person who has the capacity to empanel a bench is the Chief Justice.
They sought to find out at what point the file came from Kerugoya at 4 pm to the DCJ to appoint Justices Anthony Mrima, Eric Ogola and Fridah Mugambi to hear the matters.
It's in the Kerugoya file where orders were issued blocking Kindiki from taking office.
Shortly after, an application was filed by Solicitor General Shaddrack Mose seeking to set aside those orders.
Justice Mugambi who sits in Kerugoya on Saturday directed the application to come for a hearing on Tuesday.
"Permit us to articulate these issues for the sake of the nation. We are not aware how the bench was constituted by the DCJ to hear these files," said Gachagua's legal team.
They have taken issue with where the DCJ got the authority to empanel the bench and why the CJ delegated her duties if at all that was the case.
Gachagua's lawyers aver that it is only the CJ who can constitute a bench maintaining it's not an administrative issue.