KENYAN President William Ruto has challenged the High Court's powers to hear petitions filed by impeached Deputy President Rigathi Gachagua, observing that such matters ought to be a preserve of the Supreme Court.
In a petition filed at the High Court, President Ruto is requesting the High Court to drop Gachagua's impeachment cases, which he argues should be handled by the highest court in the land.
The move comes after the impeached Deputy President moved to court to block nominated deputy president Kithure Kindiki from being sworn into office.
The head of state feels that supreme court should hear all matters related to this and make a final determination within a week or two. The lower courts could take months or even years to conclude this matter.
Impeached Deputy President Rigathi Gachagua, arrived at the Milimani Law Courts earlier today for the inter-partes hearing regarding his impeachment.
Gachagua is challenging his removal, arguing that the case raises significant constitutional issues that warrant a panel of diverse judges.
The three-judge bench, led by Eric Ogolla, will first determine whether the case is appropriately before them.
In a letter to the Deputy Chief Registrar, Gachagua questioned the process that led to the case being assigned to the three-judge bench.
“There are preliminary indications that the Chief Justice was not even in the country at the material time in question. For this reason, a formal complaint is being filed with the Judicial Service Commission,” the letter read.
He expressed concerns that the bench would not provide him with a fair hearing, alleging that the rescheduling of the hearing from Thursday to today was intended to expedite the swearing-in of Deputy President-elect Kithure Kindiki.
Gachagua has indicated that he may file a formal complaint with the Judicial Service Commission to demand an investigation into the handling of his case.
The impeached DP also sought answers on whether the petition which was filed before Justice Mwita was forwarded to the three-judge bench since it was not among the consolidated 19 cases seeking orders to halt the impeachment process in Parliament.
“It is also evident that the jurisdiction of the Chief Justice is being usurped. The lightning speed with which the Kerugoya file was grabbed and directions were issued on a Saturday seems like a well orchestrated plan to trample on the rights of the Petitioner by denying him a fair trial,” he contended.
Justice Freda Mugambi, sitting at the Kerugoya High Court, issued the directive on Saturday amid successive court orders from across the country on the matter.
Gachagua had secured orders from Justice Chacha Mwita on Friday, suspending the Senate’s resolution to impeach him, with the judge restraining the National Assembly from considering a replacement.
