Chief Justice Martha Koome has officially empanelled the same three-judge bench to hear constitutional petitions challenging the dramatic impeachment of former Deputy President Rigathi Gachagua.
The decision follows a ruling by the Court of Appeal on May 9 that quashed Deputy Chief Justice Philomena Mwilu’s earlier appointment of the same bench in October 2024, declaring it unconstitutional.
Gachagua’s legal team had contested Mwilu’s move, arguing that only the Chief Justice has the authority to empanel judges in such high-profile constitutional cases.
In a surprising turn, Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi—the same trio named by Mwilu—have now been reappointed lawfully under CJ Koome’s directive.
According to a notice from Assistant Deputy Registrar Beja Nduke, the matter is scheduled for mention on May 29 at the High Court in Milimani, where directions for the hearing will be issued.
The impeachment, which shook the political landscape, was a historic first—marking the first removal of a Deputy President in Kenya’s democratic history.
Gachagua was removed in October 2024 following proceedings in both the National Assembly and the Senate, which upheld five of the 11 charges against him, including abuse of office, incitement, and violations of constitutional duties.
Although Gachagua has consistently denied the accusations, he filed to withdraw four of the petitions challenging the impeachment.
That move has since been contested by Kelly Maleya, a new petitioner who insists the petitions raise issues of national and constitutional importance that must be resolved in court.
Maleya’s application urges the court to retain all petitions, arguing they are central to establishing judicial clarity and legality around impeachment procedures.
With CJ Koome’s fresh intervention, legal proceedings are expected to resume in earnest, ending a temporary pause imposed by the appellate court.
