A three-judge bench of the High Court in Nairobi has rejected an application by former Deputy President Rigathi Gachagua’s legal team seeking a 21-day postponement of his impeachment case.
The ruling, delivered on Thursday, came after Gachagua’s lawyers requested additional time to amend the petition challenging his removal from office.
The legal team, led by Justice Eric Ogolla, argued for a three-week adjournment to make amendments to the petition and to await the outcome of a related case pending at the Court of Appeal.
This case, they said, contested the empanelment of the current three-judge bench handling the impeachment matter.
However, the High Court dismissed the request, emphasizing the importance of resolving the case without unnecessary delays.
Justice Ogolla, delivering the decision, stated, “This request is essentially a disguised application for a stay of proceedings, which this court has previously heard and dismissed.”
The legal representatives for the National Assembly also opposed the application, stressing the need for an expedited hearing.
They argued that the petition was of national significance and had been filed under a certificate of urgency in October of the previous year.
Government lawyers underscored that the case required swift resolution, pointing out that repeated requests for adjournments could undermine the judicial process.
Senior Counsel Tom Ojienda, representing the National Assembly, accused Gachagua’s lawyers of attempting to politicize the matter through frequent adjournment requests. “We cannot allow the judicial process to be turned into a political playground. Coming to court repeatedly with adjournment requests is unacceptable,” Ojienda argued.
Despite rejecting the plea for a delay, the judges clarified they would reconsider their position if they received a formal order from the Court of Appeal to stay the proceedings. “If at any point during these proceedings we are served with a valid stay order from the appellate court, we will immediately halt our work,” Justice Ogolla stated.
The impeachment case was previously adjourned in November to give Gachagua time to challenge the legitimacy of the three-judge bench.
In his appeal, the former deputy president claimed that Deputy Chief Justice Philomena Mwilu lacked the authority to appoint the bench to hear his case.
The High Court’s decision has now paved the way for the case to proceed without further delays, placing significant pressure on Gachagua’s legal team to defend his position in court.
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