Kenya’s impeached Deputy President, Rigathi Gachagua, filed a petition with the Court of Appeal on Monday, October 28, aiming to halt ongoing impeachment proceedings in the High Court. Gachagua argues that the High Court’s recent rulings were flawed and has raised objections over the legitimacy of the three-judge bench presiding over his case.
Gachagua’s legal team, led by lawyer John Njomo, contends that Deputy Chief Justice Philomena Mwilu overstepped her authority by appointing the three judges—Justices Eric Ogola, Anthony Mrima, and Frida Mugambi—without the approval of Chief Justice Martha Koome.
According to Njomo, only the Chief Justice has the constitutional authority to assign judges, as outlined in Articles 25, 27, 47, 48, 50 (1), and 260 of Kenya’s Constitution. Gachagua’s petition claims the bench appointment violated Article 165 (4) of the Constitution and was an error in interpreting the law.
However, last week, the three-judge panel upheld the legitimacy of Mwilu’s actions, with Justice Mrima stating that the Deputy Chief Justice could temporarily exercise the Chief Justice’s administrative duties when necessary. “The Chief Justice’s role in assigning judges, as an administrative function, may be carried out by the Deputy Chief Justice if the CJ is unable to fulfill it,” Justice Mrima noted.
Gachagua is now urging the Court of Appeal to issue an injunction to stop the High Court proceedings until his appeal is reviewed.