The High Court has adjourned proceedings in the constitutional petition involving former Deputy President, Rigathi Gachagua, following a ruling by the Court of Appeal that invalidated the composition of the bench initially assigned to hear the case.
The petition, registered as Bench Petition No. E565 of 2024, was scheduled for hearing on May 15th, 2025. However, a notice issued by Assistant Deputy Registrar Hon. Beja Nduke informed all parties that the matter stands adjourned pending further directions from Chief Justice Martha Koome.
“Kindly take notice that following the Court of Appeal judgment delivered on 9/5/2025 in Civil Appeal No. E829 of 2024, this matter… stands adjourned pending directions by the Honourable Chief Justice in line with the Court of Appeal decision,” read the notice.
The decision follows a successful appeal by Gachagua’s legal team against the October 2024 appointment of a three-judge bench by Deputy Chief Justice Philomena Mwilu. The bench comprised Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi.
In its May 9 ruling, the Court of Appeal declared that only the Chief Justice has the constitutional mandate to appoint a bench in such constitutional matters, thereby rendering the previous appointment by DCJ Mwilu unconstitutional and procedurally flawed.
The appellate court directed that the matter be referred to Chief Justice Koome for appropriate action, effectively halting the proceedings until a new, properly constituted bench is appointed. The case now awaits her formal directions on the way forward.
Written By Rodney Mbua
