Wednesday, October 23, 2024 –Senior Counsel Paul Muite has issued a rejoinder suggesting that the battle between the ousted Deputy President Rigathi Gachagua and the State is set to go on the longest time possible.
Speaking moments after the Court ruled in favour of Judge Philomena Mwilu’s decision to form the three-judge bench, Muite, while contesting the outcome, noted that he will advise his client to soldier on until justice is served.
“Speaking for myself, obviously the decision is that of the client. I will be advising the client but it is for the client to make the final decision.
“But in fairness to me and the counsel, I will be seeking to persuade my client to appeal ,” Muite said before affirming that he will advise Gachagua to appeal.
The three-judge bench comprising Freda Mugambi, Eric Ogola and Antony Mrima was constituted by the Deputy Chief Justice to hear the embattled DP’s matter.
However, the impeached DP, through his legal team, argued that the only person who could empanel a bench was Chief Justice Martha Koome.
Despite Paul Muite’s best efforts, Gachagua’s last shot at saving his seat as Deputy President now sits with the same judges he wanted tossed out.
The three-judge High Court bench, on Wednesday, declined to disqualify itself from hearing and determining the case filed by former Deputy President Rigathi Gachagua.
The bench led by Eric Ogolla, Anthony Mrima and Fridah Mugambi ruled that the constitution granted Deputy Chief Justice Philomena Mwilu the powers to select a bench of judges to determine a case.
After the latest court ruling, the hearing of applications in Gachagua’s impeachment case a the High Court will resume on Thursday, October 24.