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.