Chief Justice Martha Koome is expected to form a panel of judges who will hear the case against the dismissal of Deputy President Rigathi Gachagua.
This follows a request made by the Gachagua legal team on Wednesday, led by senior lawyer Paul Muite.
In its application, the team asked High Court Judge Lawrence Mugambi to submit a case against Gachagua to the Chief Justice to form a panel of three to seven judges who will hear the case against the impeachment of the Deputy President.
Judge Mugambi responded to the decision today, Friday morning.
“This is one of the rare cases where the court should take the lead and serve the public by using all the resources it can use,” said Judge Mugambi in his decision.
“From my point of view, despite strong objections from the defendants, it is my opinion that these cases raise serious constitutional issues in accordance with article 163 (b) and (b)(ii) of the constitution and therefore, I am convinced to refer them to the Chief Justice design a listening panel.”
Deputy President Rigathi Gachagua had filed at least 20 cases against his dismissal by the National Assembly and the Senate.
The cases are now expected to be consolidated.
281 MPs on Tuesday this week supported the motion for the dismissal of Gachagua presented by Kibwezi West MP Mwengi Mutuse.
The Senate is expected to consider the motion on Wednesday and Thursday next week while the Deputy President is expected to appear before the parliament to defend himself.
If the Senate agrees with the National Assembly and passes the motion, then Gachagua will be officially removed from the post.
However, he may get relief in court if an order is issued to prevent his dismissal until the case filed in court is heard and decided.
