The High Court will today give fresh directions in a case where former Deputy President Rigathi Gachagua challenged his impeachment.
Judges Eric Ogola, Freda Mugambi and Antony Mrima are also expected to set a date for the hearing of all the consolidated petitions in the matter.
The parties were last month given more time to amend their pleadings and responses and serve the affidavits ahead of today's mention.
That was after the judges dismissed Gachagua's application to stay the proceedings pending the hearing and determination of an appeal at the Court of Appeal.
Gachagua moved to the Court of Appeal in October 2024, challenging the High Court ruling that found it constitutional for the Deputy Chief Justice (DCJ) to constitute a bench of judges to hear a matter when the Chief Justice is away.
DCJ Philomena Mwilu constituted the bench of justices Eric Ogola, Freda Mugambi, and Antony Mrima to hear petitions filed in respect of Gachagua's impeachment.
However, Gachagua's lawyers, led by Paul Muite and Elisha Ongoya, then argued that the DCJ had no powers to constitute the bench.
Judges Ogola, Mugambi and Mrima in their ruling then held that the bench was properly constituted before Gachagua moved to the Court of Appeal.
The matter is pending a hearing in the appellate court. During a mention for directions on how the case should proceed last month, Gachagua's lawyers asked the court to stay it's proceedings pending the outcome of the appeal.
"We are asking this court to stay these proceedings so as to give the court of appeal reasonable time to hear and determine the appeal," said lawyer Dudley Ochiel.
Lawyer Ndegwa Njiru said the matter before the court of appeal could dissolve the bench and that it was important to wait for its determination before the case proceeds.
"The appeal will have far-reaching implications, especially if it goes in our favour. That is why we are asking the court to hold its horses," Njiru said.
That application was opposed by respondents, including the National Assembly, the Senate, and the Attorney General.
Senior Counsel Tom Ojienda representing the Senate, asked the judges to decline the application, saying there were no stay orders from the Court of Appeal.
In their ruling, judges Ogola, Mugambi, and Mrima said Gachagua's prayer was a camouflaged application for stay, which they had already dismissed in October last year.
"This court having declined this application and there being no stay orders from the Court of Appeal, we are inclined to deny extension of time," said Justice Ogola, who is presiding over the proceedings.
He said they were ready to suspend the hearing should such an order come from the higher court.
"We restate our position that at any time we would be served with a stay order, we will down our tools," Ogola said.
