NAIROBI, Kenya – A three-judge bench has declared that it was legally constituted in hearing the impeachment case of Deputy President Rigathi Gachagua.
The bench, led by Justice Anthony Mrima, ruled that Deputy Chief Justice Philomena Mwilu acted within her constitutional authority when she assigned the judges to the matter.
Justice Mrima emphasized that the Deputy Chief Justice (DCJ) is empowered to assign judges under Article 165(4) of the Constitution.
“It is beyond peradventure that the DCJ can assign judges… when discharging any of the constitutional functions on behalf of the Chief Justice,” he said, delivering the court’s decision.
The ruling affirmed that no irregularities were found in the DCJ’s actions.
The decision was part of a case challenging the legality of the bench, which had been constituted by DCJ Mwilu, including Justices Anthony Mrima, Eric Ogola, and Fredah Mugambi.
Gachagua’s legal team, led by Senior Counsel Paul Muite, had contested the move, arguing that only Chief Justice Martha Koome had the authority to empanel the bench.
The controversy arose when Gachagua’s defense questioned the manner in which the file for his case, originally from Kerugoya, was transferred late on a Saturday.
They argued it was improper for the DCJ to appoint the bench without the direct involvement of the Chief Justice, raising concerns about procedural fairness.
Gachagua’s team also claimed they had not been given sufficient opportunity to examine documents proving the Chief Justice was overseas at the time—documents which were key to justifying the DCJ’s action.
On the other hand, the state, represented by senior counsels Prof. Githu Muigai and Tom Ojienda, defended the legality of the DCJ’s actions.
They cited provisions of the Judicial Service Act, which grant the DCJ authority to act on behalf of the Chief Justice when she is unavailable.
At the time, Chief Justice Koome was reportedly in Geneva, Switzerland.
This legal standoff emerged as part of the broader fallout from the orders issued by a Kerugoya court, which had temporarily barred Interior Cabinet Secretary Kithure Kindiki from assuming office.
The Solicitor General, Shaddrack Mose, quickly moved to challenge those orders, bringing the case to national attention.
The bench, led by Justice Anthony Mrima, ruled that Deputy Chief Justice Philomena Mwilu acted within her constitutional authority when she assigned the judges to the matter.
Justice Mrima emphasized that the Deputy Chief Justice (DCJ) is empowered to assign judges under Article 165(4) of the Constitution.
“It is beyond peradventure that the DCJ can assign judges… when discharging any of the constitutional functions on behalf of the Chief Justice,” he said, delivering the court’s decision.
The ruling affirmed that no irregularities were found in the DCJ’s actions.
The decision was part of a case challenging the legality of the bench, which had been constituted by DCJ Mwilu, including Justices Anthony Mrima, Eric Ogola, and Fredah Mugambi.
Gachagua’s legal team, led by Senior Counsel Paul Muite, had contested the move, arguing that only Chief Justice Martha Koome had the authority to empanel the bench.
The controversy arose when Gachagua’s defense questioned the manner in which the file for his case, originally from Kerugoya, was transferred late on a Saturday.
They argued it was improper for the DCJ to appoint the bench without the direct involvement of the Chief Justice, raising concerns about procedural fairness.
Gachagua’s team also claimed they had not been given sufficient opportunity to examine documents proving the Chief Justice was overseas at the time—documents which were key to justifying the DCJ’s action.
On the other hand, the state, represented by senior counsels Prof. Githu Muigai and Tom Ojienda, defended the legality of the DCJ’s actions.
They cited provisions of the Judicial Service Act, which grant the DCJ authority to act on behalf of the Chief Justice when she is unavailable.
At the time, Chief Justice Koome was reportedly in Geneva, Switzerland.
This legal standoff emerged as part of the broader fallout from the orders issued by a Kerugoya court, which had temporarily barred Interior Cabinet Secretary Kithure Kindiki from assuming office.
The Solicitor General, Shaddrack Mose, quickly moved to challenge those orders, bringing the case to national attention.
