Gachagua hails appeals court ruling, eyes 2027 opposition unity against Ruto
Gachagua urged his supporters to pray for unity among opposition leaders, warning that their political rivals are hoping for division.
Former Deputy President Rigathi Gachagua is optimistic that the Court of Appeal's Friday decision to overturn the constitution of the High Court bench, which allowed Prof Kithure Kindiki to succeed him, will pave the way for his impeachment case to be heard fairly.
Speaking in Juja, Kiambu County on Sunday, Gachagua welcomed the ruling, stressing the importance of a justice system that allows Kenyans to seek judicial intervention if they are not satisfied with initial court rulings.
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"The framers of the 2010 Constitution created four levels of judicial intervention, the Magistrate's Court, the High Court, the Court of Appeal, and the Supreme Court — so that if you don't get justice in one of the levels, you'll get it in another," he said.
"In those courts, we have judges of integrity who will give justice not only to Rigathi Gachagua but to the people of Kenya."
Gachagua reaffirmed his place in the opposition's lineup for the 2027 general elections, hinting at a united front against President William Ruto.
"I want to assure you that the coming elections are set. I am there, Kalonzo, Martha Karua, Fred Matiang'i, Eugene Wamalwa, and we will sit together and agree on one person," he said.
Gachagua also urged his supporters to pray for unity among opposition leaders, warning that their political rivals are hoping for division.
"They are praying to God that we disagree, but I urge you to pray for our unity so that we liberate this country," he said.
On Friday, Court of Appeal Judges Daniel Musinga, Mumbi Ngugi and Francis Tuiyott ruled that Deputy Chief Justice Philomena Mwilu's October 2024 appointment of Justices Eric Ogola, Anthony Mrima, and Lady Justice Freidah Mugambi to hear petitions filed by Gachagua and his allies against Parliament and Kindiki was unconstitutional.
According to the Court of Appeal ruling, only Chief Justice Martha Koome has the constitutional authority to make such appointments. The court, however, upheld the integrity of the appointed judges, rejecting Gachagua's claims of bias.
"The discretion granted to the Chief Justice by Article 165(4) to empanel a bench is a power solely vested in the Chief Justice. It is the Chief Justice, and she alone, who can determine the number of judges to assign to a matter," the judges ruled.
"Similarly, only the Chief Justice can decide which judges to appoint to a bench. This addresses the related request that we direct the exclusion of the three named judges (Ogola and his two colleagues) from the new bench to be constituted."
The Court of Appeal subsequently directed Koome to appoint a new, potentially expanded, bench to hear the matter.
It noted that she may, at her discretion, reappoint any or all of the previously assigned judges. The number of judges — whether three or five — will be determined by Koome.
The Court of Appeal also ordered that the petitions be submitted to Koome within 14 days so she can appoint a bench to hear the case.
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