The High Court has ruled that Deputy Chief Justice Philomena Mwilu has power to appoint bench to hear a matter.
Justice Eric Ogola, Anthony M’rima and Freda Mugambi ruled that, being an administrative function, appointing a bench can be performed by the DCJ when the CJ, for good reason, is unable to perform.
“In this case, we do not find any fault in the Deputy Chief Justice assigning judges to sit in this bench more so when the CJ has not raised any red flag,” Justice M’rima ruled.
This after Gachagua’s defense team contested the power of the DCJ to appoint a bench.
Lawyer Ndegwa Njiru told the court that the power to appoint a bench lies with the Chief Justice and not her deputy.
However, the respondents, led by the Attorney General Dorcas Oduor argued that the DCJ deputizes the CJ and makes decisions on her behalf in her absence from office.
DCJ Mwilu had constituted the three judge bench to hear the Gachagua impeachment applications while CJ Martha Koome was away on official duty.
The case will proceed on 24th October 2024.