NAIROBI, Kenya – Chief Justice Martha Koome has constituted a fresh three-judge bench to preside over constitutional challenges to the impeachment of former Deputy President Rigathi Gachagua, reviving a legal showdown that had been put on hold by the Court of Appeal earlier this month.
In a notice issued by the High Court’s Assistant Deputy Registrar Beja Nduke, the newly reconstituted bench—comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi—is set to convene on May 29 for a mention of the consolidated petitions.
The development follows a ruling by the Court of Appeal on May 9, which quashed an earlier move by Deputy Chief Justice Philomena Mwilu to appoint the same trio of judges, declaring her October 2024 action ultra vires.
The appellate court found that only the Chief Justice has the constitutional mandate to empanel judges in such matters.
Koome’s decision now regularizes the composition of the bench and clears the way for hearings to resume, months after Gachagua’s ouster sent political and legal shockwaves across the country.
Gachagua was removed from office in October 2024 in a landmark impeachment process that made him the first deputy president in Kenya’s history to be forced out through a parliamentary vote.
He was impeached on 11 charges, including abuse of office, incitement, and breaches of constitutional responsibility. The Senate upheld five of the charges.
The former DP has denied any wrongdoing and continues to challenge the legality of the proceedings that led to his dismissal.
In a legal twist, Gachagua has moved to withdraw four of the original petitions filed in the High Court, but that move has now been contested by a new petitioner, Kelly Maleya.
In a recent filing, Maleya urged the court to preserve all pending petitions, arguing that the impeachment raises issues of public interest and constitutional interpretation that should not be quietly dropped.
“The petitions address weighty questions that go beyond the interests of individual litigants and touch on the integrity of the country’s democratic institutions,” Maleya submitted.
Legal analysts say the case could set precedent for future impeachment proceedings and test the balance between judicial oversight and political accountability in Kenya’s constitutional framework.
With the Court of Appeal’s earlier freeze now lifted and the Chief Justice’s new bench officially constituted, attention turns to the May 29 mention date, where the judiciary is expected to give fresh directions on how the matter will proceed.
