Former Deputy President Rigathi Gachagua. Photo/Handout
By Newsflash Writer
The Court of Appeal has ruled that Deputy Chief Justice Philomena Mwilu overstepped her authority by appointing a bench of judges to hear petitions challenging the impeachment of former Deputy President Rigathi Gachagua — marking a major legal win for Gachagua.
Appellate Judges Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott concluded that the Constitution exclusively mandates the Chief Justice to empanel benches.
The court clarified that this function cannot be delegated to the Deputy Chief Justice, noting that assigning judges is not among the administrative tasks the Chief Justice can transfer.
Lawyers representing Gachagua had challenged an earlier High Court ruling that upheld DCJ Mwilu’s decision, arguing that it was based on a fundamental misinterpretation of the constitutional roles assigned to the Chief Justice.
Petition process undermined
The appellate court’s decision invalidates the three-judge bench appointed by Mwilu in October 2024, which included Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi.
The panel was tasked with determining the legality of the procedure used by the National Assembly in removing Gachagua from office.
Gachagua was impeached in October 2024 after both the National Assembly and the Senate upheld the charges against him.
Read more: Wamuchomba quietly dumps Gachagua
Following the impeachment, petitions were filed to challenge the constitutionality of the process, prompting DCJ Mwilu to form the now-invalidated bench to hear the case.
The Court of Appeal’s ruling means that any proceedings conducted by the bench lack legal standing, potentially resetting the judicial review of Gachagua’s impeachment.
Gachagua has indicated that he will vie for presidency in 2027 as he is yet to exhaust all legal avenues challenging his impeachment. He indicated a possibility of going up to the Supreme Court.
He recently announced his vision for the country should he be given the mantle by the opposition to vie for presidency.
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