Veteran lawyer John Khaminwa on Tuesday, October 22, 2024, caused a stir at the Milimani Law Courts when he openly challenged the former Attorney General Githu Muigai.
Khaminwa argued that Justice Fred Ogolla was creating an unnecessary emergency to the matter before the court by introducing time limits for submissions by lawyers.
However, when the judge asked Khaminwa about the appropriate time the lawyers should be accorded, he generally indicated that they could speak for as long as they wanted as ‘part of the healing process of the nation.’
This came after Judge Ogolla, who leads the three-bench of Justices Freda Mugambi and Anthony Mrima, cautioned lawyers of intentionally dragging the process.
“We will not be taken round in circles,” Justice Ogolla warned.
Khaminwa-Githu clash
Khaminwa would point in the direction of the former Attorney General Githu Muigai and tell him to keep quiet while he made his submissions.
This, however, did not sit well with Muigai, who indicated that his legal pedestal granted him powers to speak first before other lawyers.
“Under the rules of this court, senior (a) counsel has preference and speaks first before any other person except the Attorney General,” Muigai stated.
Khaminwa would take none of it, dismissing the former AG to sit down and avoid using titles which he said had no significance. Justice Ogolla called Khaminwa to order, noting that the titles were indeed significant.
“When I started practising, you were still breastfeeding,” an agitated Khaminwa charged, as the court broke into laughter.
The lawyers of the Deputy President are challenging the validity of the three-judge bench which was formed by Deputy Chief Justice Philomena Mwilu in the absence of Chief Justice Martha Koome.
The lawyers argue that the empanelment of the three-judge bench was irregular and that any resolution arrived at would be invalidated.
Through their lead counsel Paul Muite, Deputy President Rigathi Gachagua says only the Chief Justice can constitute a bench to hear and determine the case challenging Kithure Kindiki from assuming the office of DP.
Muite says the order, which was obtained at the Kerugoya Law Courts on Friday, October 18, 2024, was irregularly transported to Nairobi outside official operating hours.
Kerugoya Law Courts judge Justice Richard Mwongo had indicated that some of the issues raised in the petition challenging the assumption of office of Kindiki were of great national importance and urgency.
“The matters raised in the Petition being of great national importance and urgency; and in the court’s considered view having raised extremely substantial issues of law, the matter is certified for a bench of High Court Judges to be appointed by the Chief Justice,” Justice Mwongo ruled.