A three-judge bench comprising Justices Eric Ogola, Freda Mugambi, and Anthony Mrima affirmed its jurisdiction to hear a petition challenging the impeachment of Deputy President Rigathi Gachagua.
The judges addressed critical constitutional questions regarding the Deputy Chief Justice’s (DCJ) authority to constitute a bench for such matters.
The court deliberated on whether the Deputy Chief Justice has the power to assign judges to preside over cases, clarifying that while this responsibility typically rests with the Chief Justice, there are circumstances where the DCJ can act in this capacity with the Chief Justice’s authorization.
The ruling emphasized that the Chief Justice’s role is rooted in the Constitution, extending beyond administrative duties.
“The honorable DCJ cannot assign judges as that is only assigned to the CJ,” the Justices stated during their deliberation. However, they acknowledged that the Constitution allows for the DCJ to perform the CJ’s functions when duly authorized.
This ruling paves the way for further legal proceedings regarding the impeachment of Gachagua.
