The Supreme Court of Kenya issued a ruling that declined to suspend ongoing hearings in over 40 cases challenging the impeachment of former Deputy President Rigathi Gachagua.
The court ruled it lacks the jurisdiction to stay proceedings currently before the High Court, noting that its power to issue such stays only applies to matters originating from the Court of Appeal.
In what is being described as a “blow” to Gachagua, the court dismissed his application to summarily strike out the National Assembly’s appeal, directing instead that the matter proceeds to a full hearing on its merits.
Conversely, the court also dismissed an application by the National Assembly to strike out Gachagua’s cross-appeal, finding that it raised substantive constitutional questions regarding judicial bias and recusal that deserve a full determination.
The cases continue to center on whether Deputy Chief Justice Philomena Mwilu had the constitutional authority to empanel the original High Court bench (led by Justice Eric Ogola) while Chief Justice Martha Koome was available.
This decision clears the way for the High Court to continue its work on the consolidated petitions, representing a significant procedural milestone in the ongoing legal battle over the 2024 impeachment.
This ruling does not decide the final validity of the impeachment but determines how the legal challenges will proceed through the court hierarchy.
By Anthony Solly
