NAIROBI, Kenya – The Court of Appeal has put a stop to all High Court proceedings related to the impeachment of former Deputy President Rigathi Gachagua, pending a ruling on his legal challenge against the composition of the judicial bench handling the case.
A three-judge bench at the High Court—Justices Eric Ogola, Freda Mugambi, and Antony Mrima—was set to issue fresh directions on Thursday regarding the consolidated petitions challenging Gachagua’s impeachment.
However, the proceedings were halted following an order from the appellate court issued on February 25.
Gachagua had previously contested the formation of the High Court bench, arguing that Deputy Chief Justice (DCJ) Philomena Mwilu had no authority to constitute it in the absence of Chief Justice Martha Koome.
His legal team, led by Senior Counsel Paul Muite and Elisha Ongoya, insists that only the Chief Justice holds the mandate to assign such benches.
Despite the High Court rejecting an earlier request to stay proceedings, the Court of Appeal has now intervened.
A three-judge appellate panel—Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott—granted the stay, pending the determination of Gachagua’s appeal.
“Upon hearing the appellants and the counsel for the respondents, the judgment on the two consolidated petitions is reserved for May 9, 2025,” the Court of Appeal ruled. “Meanwhile, the High Court proceedings are stayed to await the determination of these consolidated appeals.”
Gachagua’s legal battle centers on whether the Deputy Chief Justice can legally assign judges to a case in the Chief Justice’s absence.
His lawyers argue that if the Court of Appeal rules in their favor, the High Court bench handling his impeachment petitions could be dissolved.
Opposing the stay, representatives for the National Assembly, the Senate, and the Attorney General had urged the High Court to proceed with hearings.
Senior Counsel Tom Ojienda, representing the Senate, argued that since there were no stay orders at the time, the case should have continued.
However, the High Court had indicated it would comply with any directive from the appellate court.
“We restate our position that at any time we would be served with a stay order, we will down our tools,” Justice Ogola had said earlier.
With the appellate court’s decision now in place, all proceedings at the High Court will remain suspended until a final ruling on Gachagua’s appeal is delivered in May.
