The Supreme Court is expected to issue a key ruling today in the impeachment case of Former Deputy President Rigathi Gachagua, who was removed from office in October 2024.
A four-judge bench of the Supreme Court will determine whether the High Court panel that has heard and dismissed multiple challenges to the impeachment process was lawfully constituted under the Constitution.
At the heart of the matter is whether the three-judge High Court bench comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi was properly empanelled, specifically whether Deputy Chief Justice Philomena Mwilu acted within constitutional limits when she constituted the bench in the absence of Chief Justice Martha Koome.
The bench empanelled by DCJ Mwilu in October 2024 lifted conservatory orders that had temporarily halted Gachagua’s impeachment process, allowing for the removal to proceed and culminating in President William Ruto appointing Kithure Kindiki as Deputy President.
The legality of the panel has been contested by Gachagua’s legal team, who argue that the bench lacked constitutional authority to hear the case due to how it was constituted.
If the Supreme Court upholds the legitimacy of the High Court bench, matters will likely be remitted back for the substantive disputes to continue before that same panel, including questions around judicial oversight of parliamentary impeachment procedures.
On the other hand, if the apex court finds that the bench was improperly constituted, this could nullify prior High Court decisions, consequently require a revisit on crucial legal issues.
Gachagua was impeached by the National Assembly and removed by the Senate in late 2024 on grounds of gross violations of constitutional provisions and misconduct.
His legal team has persistently argued that aspects of the impeachment and subsequent judicial actions were marred by irregularities, including the composition of courts hearing the matters.
source -citizen digital
