A three-judge bench constituted by Chief Justice Martha Koome on Monday will sit for an inter-parties hearing on Tuesday to consider a suit challenging Rigathi Gachagua’s impeachment.
Justice Freda Mugambi, sitting at Kerugoya High Court, issued the directive on Saturday amid a successive court orders from courts across the country on the matter.
She directed parties to “be served and responded to forthwith” considering the urgency of the matter.
“In light of the urgency of the matter and the weighty issues raised therein, we direct that the application be served and responded to forthwith, for hearing inter-parties on Tuesday 22nd October 2024 at 11.00 a.m in open court no.18.”
The bench comprises Justices Eric Ogola, Anthony Mrima and Dr Mugambi.
Gachagua had secured orders from Justice Chacha Mwita on Friday suspending Senate’s resolution impeaching him on Thursday with the judge restatining the National Assembly from considering a replacement.
Mwita’s decision was followed by a similar declaration by a judge in Kerugoya with both Justices reffering the suits to Chief Justice Martha Koome to constitute a bench.
Opinion was divided on the effect of the orders amid debate on whether a court order restraining National Assembly from considering Kithure Kindiki’s nomination for Deputy President was overtaken by events.
The decisions emerged after the National Assembly had concluded a session to consider Kindiki, an exercise that the orders sought to halt.
National Assembly Speaker Moses Wetangula had also gazetted the outcome of the process paving way for Kindiki’s swearing in.
It was also unclear whether the Chief Justice would constitute additional benches as requested in two similar suits on Friday given that a bench resulting from a request on a similar matter was already in place.
