Chief Justice Martha Koome has empanelled a three-judge bench to hear constitutional petitions challenging the historic impeachment of former Deputy President Rigathi Gachagua—reinstating the same judges whose earlier appointment was overturned by the Court of Appeal.
The new bench, comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, mirrors the panel initially constituted by Deputy Chief Justice Philomena Mwilu in October 2024. That decision was nullified on May 9 after Gachagua’s legal team argued that only the Chief Justice holds the authority to empanel judges in such cases. Now, with Koome’s formal endorsement, the trio will proceed to hear the petitions, with the case set for mention on May 29 at the Milimani High Court.
Gachagua’s impeachment in October 2024 marked Kenya’s first removal of a sitting deputy president, approved by Parliament and the Senate on charges including abuse of office, incitement, and constitutional violations. While Gachagua denies all accusations, his attempt to withdraw four of the pending petitions has faced opposition from activist Kelly Maleya, who argues the cases raise critical legal and public interest issues that demand judicial scrutiny.
Maleya’s application seeks to block the withdrawal, urging the court to preserve all petitions for a full hearing. The move underscores the broader implications of the case, which could set a precedent for future impeachment proceedings.
The Court of Appeal’s earlier ruling had halted High Court proceedings, citing procedural irregularities in Mwilu’s bench appointment. However, Koome’s intervention—reappointing the same judges has reignited debate over judicial authority and due process. Legal experts suggest the case could test the boundaries of constitutional interpretation, particularly regarding the Chief Justice’s exclusive powers in bench formation.
As Kenya awaits the next hearing, the outcome will not only determine Gachagua’s political future but also shape the judiciary’s role in high-stakes constitutional disputes. With public and legal scrutiny intensifying, all eyes remain on the three-judge bench as it prepares to navigate one of Kenya’s most consequential impeachment challenges.
