Three petitioners who obtained stay orders to the assumption of a new deputy president at a Kerugoya High Court have written to Chief Justice Martha Koome protesting the handling of the case.
Through Matiba and Company advocates, the three have raised concerns over the move by a three judge bench setting a date to hear a case challenging the conservatory order obtained from a Kerugoya High Court.
The 3-judge bench was formed by the CJ to hear a different matter related to the impeachment.
They argue that they have not received communication from the CJ regarding the empanelment of a new bench of judges to argue their case as directed by the Kerugoya court.
The Chief Justice was required to form a three-judge bench to hear their case within 7 days.
But according to them, they were on Saturday, October 19 served by the National Assembly and the Attorney General of their applications both dated October 18, 2024 (the Applications) which sought inter alia to set aside the conservatory orders stopping a new DP from taking office.
The case was filed before a three-judge bench formed last week which handled a case that challenged the impeachment process.
The three argue that on Saturday, October 19, 2024, directions were issued by a three-judge bench comprising Justice E. Ogolla, Justice A. C. Mrima and Lady Justice Freda Mugambi who apparently sat on Saturday and issued directions that the matter will be heard on Tuesday, October 22.
The three however oppose the move saying the bench has not been tasked to handle the Kerugoya case as the CJ has not informed them of the same.
The three now want the CJ to intervene and ensure that directions in all cases that have been referred to her for empanelment of benches to hear them are given to avoid the impression that the bench she appointed is prioritizing other cases such as the one seeking to set aside the conservatory orders where the Executive and its appendages are complaining and seeking to set aside conservatory orders.
"We therefore hope and expect that as Chief Justice you will ensure that the procedural safeguards
under the Constitution of Kenya will not be further violated or cannibalized," the three said in the letter.