Kenya’s impeached Deputy President Rigathi Gachagua filed a petition with the Court of Appeal on Monday, October 28, seeking to suspend ongoing impeachment proceedings in the High Court. Gachagua contends that recent High Court rulings were flawed, and he questions the legitimacy of the three-judge panel handling his case.
Gachagua’s legal team, led by lawyer John Njomo, argues that Deputy Chief Justice Philomena Mwilu exceeded her authority by appointing Justices Eric Ogola, Anthony Mrima, and Frida Mugambi to the case without Chief Justice Martha Koome’s approval. Njomo asserts that only the Chief Justice holds the constitutional mandate to assign judges, citing Articles 25, 27, 47, 48, 50 (1), and 260 of the Kenyan Constitution as grounds for their argument.
The petition claims that the bench’s formation violated Article 165 (4) of the Constitution, marking a procedural error. However, last week, the three-judge panel upheld Deputy Chief Justice Mwilu’s actions, with Justice Mrima clarifying that the Deputy Chief Justice may temporarily assume the Chief Justice’s administrative duties if the Chief Justice is unavailable.
Gachagua is urging the Court of Appeal to issue an injunction to pause the High Court proceedings until his appeal is reviewed, challenging both the process and the constitutional interpretation behind the case’s judicial assignment.
