Published on 23/10/2024
Three High Court judges on Wednesday rebuked impeached Deputy President Rigathi Gachagua’s legal team for trying to sway the court through intimidation tactics.
They criticized the defense for presenting a biased, self-serving interpretation of the court’s rulings. The judges emphasized that claims of unfairness were baseless and unsupported by any evidence.
In a stern warning, they reminded the lawyers of the court’s independence. Gachagua’s team now faces mounting pressure to present facts rather than accusations.
While delivering their ruling on a challenge by Gachagua’s team of advocates on how they were formed, Principal Judge Eric Ogola and judges Dr. Freda Mugambi and Antony Mrima took issue with the thrust of the team’s application.
Justice Dr. Fredah Mugambi, as she read the ruling, voiced the bench’s disapproval and assessment of the application by Gachagua’s advocates led by Senior Counsel Paul Muite, telling them they can’t have their cake and eat it.
“The applicants selectively focused on aspects that favoured them while conveniently disregarding the fact that they are enjoying the conservatory orders,” stated the judge.
Where the application had questioned the decision by the bench to reschedule proceedings meant for Thursday, October 24, to Tuesday, October 22, Justice Mugambi said: “The applicants no longer perceive the urgency of this matter. Instead, they are casting aspersions on the bench.”
The panel cautioned the advocates against what it termed playing to the gallery, following accusations that the bench was engaged in a conspiracy against the realisation of justice. The judges assessment considerably rattled Gachagua’s advocates.
“That the bench is part of a conspiracy to violate the right of fair hearing under Article 50…This argument was playing to the gallery, the court remains committed to follow the rule of law,” added Justice Mugambi.
Gachagua’s lead lawyer Muite noted: “One issue of accusing counsel to be talking to the gallery is something that should not be left on the record of this court. It is damaging to counsel and that is an issue which should be taken out of the record of this court by the Court of Appeal.”
In their ruling, the judges also took issue with the Muite-led team’s aspersions against the bench, which made reference to the need for a radical surgery as was experienced in the first term of deceased President Mwai Kibaki’s tenure.
“The bench feels those comments are regrettable. The court remains firm and will not be swayed by any form of intimidations,” Judge Mugambi said.
Earlier during their submissions, the advocates representing the impeached DP accused the bench of being unfair and unconstitutional in the sittings that took hours on Tuesday.
Gachagua’s advocates indicated that they may move to the Court of Appeal to challenge the decision of the bench.
