Former Kakamega Senator Cleophas Malala has affirmed that Rigathi Gachagua remains the legitimate Deputy President of Kenya following a decisive ruling by the Court of Appeal. The court on Friday faulted Deputy Chief Justice Philomena Mwilu for acting unconstitutionally in appointing a three-judge bench to handle Gachagua’s impeachment case.
The appellate court, comprising Justices Daniel Musinga (presiding), Mumbi Ngugi, and Francis Tuiyott, ruled that only the Chief Justice has the authority to assign judges in such matters. Mwilu had appointed Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to preside over consolidated petitions related to Gachagua’s impeachment. This move was challenged by Gachagua’s legal team on grounds of unconstitutionality, as the Chief Justice and not the Deputy holds the sole mandate to empanel benches for constitutional petitions.
Malala welcomed the ruling, hailing it as a victory for constitutionalism over political expediency. “In effect, Rigathi Gachagua remains the legitimate Deputy President of the Republic of Kenya,” Malala said. He further emphasized that the conservatory orders issued by Justice Richard Mwongo halting Gachagua’s impeachment and barring Interior Cabinet Secretary Kithure Kindiki from assuming the deputy presidency remain valid and binding.
The case traces back to last year when the National Assembly passed a motion to impeach Gachagua, which was later approved by the Senate. As the process advanced, a series of petitions were filed in various courts, leading to multiple legal interventions. Among them were High Court orders preventing President William Ruto from appointing Gachagua’s replacement and blocking Kindiki’s swearing-in as Deputy President.
At the heart of the dispute was the legality of the judicial bench that was constituted to hear the consolidated petitions. Though Chief Justice Martha Koome initially empaneled a bench, additional petitions required further judicial appointments. However, with Koome out of the country, DCJ Mwilu stepped in a move the court has now ruled as unconstitutional.
The verdict effectively restores Gachagua’s position and underscores the constitutional principle that only the Chief Justice can constitute judicial benches in such high-stakes matters.
