
Sheria Mtaani na Shadrack Wambui has written to the Chief Justice seeking to have her empanel a bench to hear their case on the impeachment of Rigathi Gachagua as Deputy President.
Through lawyer Danstan Omari, the organization has expressed their grievances in the letter to C.J Martha Koome after their petition failed to be called out before the three-judge bench where other similar petitions were called.
According to Omari, Justice Lawrence Mugambi had certified the matter as urgent on 18th October 2024.
Justice Mugambi rules that the petition raised substantial issues of law necessitating a certification of empanelment of an uneven number of judges to hear and determine the petition.
“My Lady, it is regretted that when the Kerugoya petitions No. E14 and E15 of 2024 and Nairobi petition No. E575 of 2024 came before a three-judge bench for directions/hearing, after the bench was empanelled pursuant to orders made by Justice Mwongo and Justice Chacha Mwita on 18th October 2024, the above referenced petition was not called out,” Omari states in the letter.
Omari notes that even after probing further, it was clear that the said petition had not been given any consideration unlike other petitions filed on the same day.
“Strangely, files from Kerugoya Law Courts thag were filed on the same day got a bench prior to the Sheria Mtaani file in Nairobi,” the lawyer claims.
Sheria Mtaani wants the CJ to give equal and urgent consideration to their file which challenges the appointment of Kithure Kindiki as Deputy President designate.