High Court suspends Gachagua's impeachment case, awaits fresh direction from CJ Koome
Deputy Chief Justice Philomena Mwilu had initially appointed a three-judge bench to preside over the matter. However, the Court of Appeal ruled that only Chief Justice Martha Koome holds the constitutional authority to constitute such a bench.
The High Court in Nairobi has halted proceedings in a petition involving former Deputy President Rigathi Gachagua after the Court of Appeal found that the judges assigned to hear the case were appointed irregularly.
Deputy Chief Justice Philomena Mwilu had initially appointed a three-judge bench to preside over the matter. However, the Court of Appeal ruled that only Chief Justice Martha Koome holds the constitutional authority to constitute such a bench.
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As a result, the hearing, which had been scheduled for May 15, has been postponed. A notice from the court, issued by Assistant Deputy Registrar Beja Nduke, confirmed that all parties must now await further directions from Chief Justice Koome regarding the way forward.
“Kindly take notice that following the Court of Appeal judgment delivered on 9/5/2025 in Civil Appeal No. E829 of 2024, this matter… stands adjourned pending directions by the Honourable Chief Justice in line with the Court of Appeal decision,” the notice reads.
Justice Mwilu had, on October 18, 2024, appointed Justices Eric Ogola, Anthony Mrima, and Lady Justice Freidah Mugambi to preside over the petitions brought by Gachagua and his allies against Parliament and Professor Kithure Kindiki, who succeeded him.
Gachagua challenged the appointments, arguing that Justice Mwilu lacked the constitutional mandate to empanel a bench at the time.
He also alleged potential conflicts of interest, claiming that Justice Ogola’s spouse had been appointed to a government agency by President William Ruto, and that Justice Mrima had close ties with Senate Speaker Amason Kingi.
Appellate Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott, however, upheld the integrity of the appointed judges and dismissed Gachagua’s claims of bias.
“We have not identified any impropriety in the conduct of the bench. We do not find the judges to be biased or lacking impartiality. Whether to include them in the reconstituted bench is a matter entirely within the discretion of the Chief Justice,” the judges stated.
Nevertheless, the Court of Appeal held that only Koome has the constitutional authority, under Article 165(4) of the Constitution, to appoint a bench to hear such matters.
The appellate court directed Koome to appoint a new — possibly expanded — bench to hear the petition. It further noted that she may, at her discretion, reappoint any or all of the previously selected judges. The number of judges — whether three or five — will also be determined by her.
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