Gachagua argues that the bench of Justices Eric Ogola, Anthony Mrima, and Frida Mugambi was improperly appointed by Deputy Chief Justice Philomena Mwilu instead of Chief Justice Martha Koome, as required by the law.
A panel of Appeal Court judges—Justices Patrick Kiage, Aggrey Muchelule, and George Odunga—will preside over the hearing virtually.
The matter was originally scheduled for last Thursday but was postponed to allow Gachagua’s legal team time to ensure all respondents were properly listed and served with case documents.
Gachagua’s lawyers had requested the adjournment, citing incomplete service to some respondents.
The court ordered that the appeal documents be amended to include all parties involved in the High Court case, with responses filed by Monday in preparation for today’s hearing.
In related legal proceedings, the anti-corruption court will mention a separate case involving former Kiambu Governor Ferdinand Waititu, who is accused of irregularly awarding a KSh588 million tender.
Chief Magistrate Thomas Nyoki is expected to give directions on the final submissions of the case.