CJ Koome reappoints judges to hear Gachagua impeachment case
Her move follows a May 9 ruling by the Court of Appeal that quashed an earlier decision by Deputy Chief Justice Philomena Mwilu, who had appointed the same trio last year.
Chief Justice Martha Koome has formally reappointed Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to hear constitutional petitions challenging the impeachment of former Deputy President Rigathi Gachagua, resolving a legal dispute over the legitimacy of the bench.
Her move follows a May 9 ruling by the Court of Appeal that quashed an earlier decision by Deputy Chief Justice Philomena Mwilu, who had appointed the same trio last year.
Gachagua’s legal team successfully argued that only the Chief Justice has the mandate to constitute such a bench.
With Koome’s formal appointment now in place, the case will proceed at the High Court in Milimani on May 29, when it will be mentioned for further directions, according to a notice issued by Assistant Deputy Registrar Beja Nduke.
Gachagua was impeached in October 2024, becoming the first deputy president in Kenya’s history to be removed from office through Parliament.
He was accused of abuse of office, incitement, and violation of constitutional duties. The Senate upheld five out of the 11 charges against him.
Although Gachagua has denied all wrongdoing, he has moved to withdraw four of the petitions filed in court.
However, a new petitioner, Kelly Maleya, has challenged the attempt, urging the court to preserve the petitions until a full hearing is conducted.
"The petitions touch on the legality and integrity of the impeachment process and should not be withdrawn before the court hears and determines them," Maleya stated.
The Court of Appeal ruling had paused proceedings at the High Court pending fresh directions from the Chief Justice, now addressed through Koome’s reappointment of the panel.
