Former Deputy President Rigathi Gachagua’s bid to grant him 21 days to amend the petition challenging his impeachment process has been denied.
The former DP through his legal team had requested the three-judge bench to allow the 21 days to amend the petition and await the Court of Appeal.
However, the court was informed that the appeal is still pending before the Court of Appeal.
The court observed that there were no orders from the Court of Appeal staying the High Court Proceedings.
The matter was opposed by the respondents who claimed that the matter should be heard and disposed of.
This prayer is a camouflaged application for stay of proceedings which this court heard and dismissed.
The three-judge bench led by Justice Eric Ogolla said.
The government lawyers had argued that the petition was a matter of national interest which was filed last year on October under a certificate of urgency and therefore required a quick response.
On the other hand, despite dismissing the application, the judges noted that they were ready to adjourn the hearing for 21 days only if they receive an application from the Court of Appeal.
The High Court has set the matter for mention on February 17th, 2025, instead.
