Nairobi, Kenya – The High Court has deferred proceedings in cases filed by former Deputy President Rigathi Gachagua, pending key determinations by the Court of Appeal and the Supreme Court.
Court Session
During Tuesday’s mention, a three-judge bench led by Justice Eric Ogola was informed that the matters before it could not proceed as there are pending decisions before the superior courts that directly affect the constitutionality of the bench itself.
The court heard that the Supreme Court is scheduled to deliver a ruling on January 30, a decision that will determine whether the current High Court bench is lawfully constituted.
“The Supreme Court’s pronouncement is central to the dispute and will guide whether the High Court can lawfully continue handling the cases,” the bench was told.
In response, Justice Ogola directed that the matters be mentioned again on February 10, after the Supreme Court delivers its decision, for further directions.
Background of the Cases
The petitions were filed by Gachagua challenging various actions taken during and after his tenure as Deputy President. The cases have drawn significant attention given their potential implications on governance and accountability.
Awaiting Superior Court Guidance
The outcome of the Court of Appeal decisions is also expected to play a critical role in determining whether the High Court proceedings will resume as currently constituted or whether the bench will need to be reconstituted.
Conclusion
The deferment underscores the layered nature of Kenya’s judicial system, where rulings from superior courts can directly shape the course of ongoing High Court proceedings. For Gachagua, the next phase of his legal battles hinges on the Supreme Court’s ruling later this month, which will set the stage for how his petitions are handled moving forward.
