Nyeri Governor Mutahi Kahiga and Mathira MP Rigathi Gachagua have moved to the High Court seeking a revision of a ruling summoning them to testify in the inquest of late Nyeri Governor Wahome Gakuru.
In their application before Justice Florence Muchemi, the duo are seeking a revision of a ruling by Nyeri Chief Magistrate Wendy Kagendo and Francis Adanyi and requiring them to appear as witness on March 29 and 31.
Through lawyer Wahome Gikonyo, Kahiga and Gachagua want the court to recall and examine the records and orders made on August 12, 2021, by Kagendo and January 20, 2022 by Adanyi summoning them to appear in court.
The inquest before the lower court is inquiring into the accident in which Wahome Gakuru died along Kenol/Nairobi road at Makenji area on November 7, 2017.
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“The court has not formed an opinion that an offence has been committed by the applicant to warrant summoning,” Gikonyo said in his application under certificate of urgency argued.
He said with the inquest scheduled for further hearing on March 29 and 31, his clients have no evidence to give nor have they been mentioned adversely in the proceedings.
“Summoning them without complying with the law will violate their constitutional rights,” Gikonyo said.
