Deputy Chief Justice Philomena Mwilu has found herself on the spot as Lawyer handling a case challenging the impeachment of Rigathi Gachagua argued over the legality of a three-judge bench set to hear the matter.

During the hearing, a preliminary objection was raised with regard to the empanelment as Gachagua's lawyers argued that they had not received any communication from the CJ regarding the bench's reconstitution.

Gachagua demanded that an explanation be given as to how DCJ Mwilu appointed a three-judge bench to hear an application by the state seeking to set aside orders blocking Kithure Kindiki's appointment.

Gachagua through his team of advocates led by Senior Counsel Paul Muite argued that the only person who has the capacity to empanel a bench is the Chief Justice.

They sought to find out at what point the file came from Kerugoya at 4 pm to the DCJ to appoint Justices Anthony Mrima, Eric Ogola and Fridah Mugambi to hear the matters.

It's in the Kerugoya file where orders were issued blocking Kindiki from taking office. 4

Shortly after an application was filed by Solicitor General Shaddrack Mose seeking to set aside those orders.

Justice Mugambi who sits in Kerugoya on Saturday directed the application to come for hearing Tuesday.

"Permit us to articulate these issues for the sake of the nation. We are not aware how the bench was constituted by the DCJ to hear these files," said Gachagua legal team.

They have taken issue with where the DCJ got the authority to empanel the bench and why the CJ delegated her duties if at all that was the case.

It's the argument of advocates on Gachagua's side that only the CJ can constitute a bench maintaining it's not an administrative issue.