Parliament shot itself in the foot by arguing that Deputy Chief Justice Philomena Mwilu had powers to empanel a three-judge bench that lifted orders freezing the removal of former Deputy President Rigathi Gachagua.
Earlier, the two Houses took contradictory stances, asserting that Justice Mwilu lacked authority to appoint judges in cases challenging dissolution of Parliament, as former Chief Justice David Maraga had advised the President regarding failure to meet the two-thirds gender rule.
Their lawyer in the case, Ahmednasir Abdullahi, questioned how Justice Mwilu appointed Justices Lydia Achode, Pauline Nyamweya, George Odunga, James Makau, and Antony Ndungu on October 14, 2020, to hear over five cases filed after Maraga advised then President Uhuru Kenyatta to dissolve Parliament.
Parliament moved to the Court of Appeal, obtained orders to freeze the cases at the High Court and moved on.
