Judges to lawyers: Let's not be used to derail hearing

The three-judge bench Justices Eric Ogolla, Anthony Mrima and Freda Mugambi at Milimani Law Courts on Tuesday, October 22, 2024. PHOTO: EZEKIEL AMING'A

A three-judge bench handling cases touching on the ouster of Rigathi Gachagua has said they will not entertain any attempts to derail the hearing of the matter.

They asserted their position saying they would not be taken round in circles by the advocates present.

"We are here to do justice for all. Anything intended to delay the proceedings will not be accepted," they said.

The bench maintained it would not waver in its pursuit of justice and vowed to protect the sanctity of the proceedings against any attempts to derail them.

"Let's be careful how we handle this matter. Let us hear the issue of empanelment first," they said.

But even after warnings from the bench, the air was still thick with tension as the advocates exchanged nervous glances and heated words.

Advocate John Khaminwa took issue with time being given to counsels to submit the application challenging the validity of the empanelment of the bench.

"Where are we rushing to? This is a serious matter," he said.

The judge bench formed to hear impeachment proceedings against Deputy President Rigathi Gachagua had earlier 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 can 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.