Petitions filed at the High Court by former Deputy President Rigathi Gachagua have been temporarily halted after the Court was informed that key decisions by superior courts are still pending.
When the matter came up for mention, a three-judge bench chaired by Justice Erick Ogola was told that it could not proceed with the cases because the constitution of the bench itself is under scrutiny before both the Court of Appeal and the Supreme Court.
Counsel appearing before the Court informed the judges that the Supreme Court is scheduled to deliver a ruling on January 30, a determination expected to resolve whether the current High Court bench was properly constituted.
The Court was told that the anticipated decision is central to the dispute and will have a direct bearing on the fate of the petitions.
The bench heard that any further action by the High Court before the Supreme Court’s pronouncement would be premature, as the apex Court’s ruling will clarify whether the proceedings can lawfully continue in their current form.
In light of the developments, Justice Ogola directed that the matters be deferred and mentioned again on February 10, shortly after the Supreme Court delivers its decision, to allow the Court to issue appropriate directions.
The petitions stem from legal challenges lodged by Gachagua contesting several actions taken during and following his tenure as Deputy President.
Parallel proceedings before the Court of Appeal are also ongoing, with their outcome expected to further shape the trajectory of the High Court cases.
The High Court will now await guidance from the superior Courts before determining whether the cases will resume or require a differently constituted bench.
