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In Courts: Appeal Court to hear Gachagua case against High Court judges

Court of Appeal judges Patrick Kiage, Aggrey Muchelule and George Odunga had directed that the case be heard virtually today.

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by Peter Obuya

News06 November 2024 - 08:30
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In Summary


  • Gachagua had moved to the Court of Appeal seeking orders to declare the bench of Justices Eric Ogola, Anthony Mrima and Frida Mugambi unconstitutional.
  • He argued that the bench composition was done by Deputy Chief Justice Philomena Mwilu and not Chief Justice Martha Koome as required.

In courts.

The Court of Appeal will today hear a case filed by former Deputy President Rigathi Gachagua challenging the empanelment of the High Court bench hearing his case against his impeachment.

Gachagua had moved to the Court of Appeal seeking orders to declare the bench of Justices Eric Ogola, Anthony Mrima and Frida Mugambi unconstitutional saying its composition was done by Deputy Chief Justice Philomena Mwilu and not Chief Justice Martha Koome as required.

Court of Appeal judges Patrick Kiage, Aggrey Muchelule and George Odunga had directed that the case be heard virtually today.

The case had initially been set for hearing on Thursday last week but was adjourned to Wednesday, November 6 after the court was informed that Gachagua’s lawyers had not enlisted all the respondents and served them with documents.

The judges directed that the appeal be amended to capture all the respondents as listed in the case before the High Court and that they all be served.

The respondents were directed to file their responses by Monday ahead of today’s hearing.

Elsewhere at the anti-corruption court, the case against former Kiambu Governor Ferdinand Waititu involving an irregular award of tender worth Sh588 million will be mentioned today.

The case will be mentioned before Chief Magistrate Thomas Nyoki for directions on final submissions.

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