CJ Koome empanels same trio to hear Gachagua’s ouster petition

Chief Justice Martha Koome has empanelled a new three-judge bench to hear constitutional petitions challenging the controversial impeachment of former Deputy President Rigathi Gachagua.

The move comes just weeks after the Court of Appeal, in a ruling delivered on May 9, quashed an earlier decision by Deputy Chief Justice Philomena Mwilu to constitute a similar bench.

 Mwilu's October 18, 2024, appointment of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi had been contested by Gachagua’s legal team as unconstitutional, arguing that only the Chief Justice holds the mandate to empanel judges in such cases.

Interestingly, Koome’s new bench features the very same trio—Justices Ogolla, Mrima, and Mugambi—now duly appointed under her authority.

The case will be mentioned on May 29 at the High Court in Milimani for further directions, according to a notice issued by Assistant Deputy Registrar Beja Nduke.

The legal developments follow months of heated debate surrounding Gachagua’s impeachment, which made history by marking the first removal of a deputy president in Kenya’s democratic era.

His ouster was approved by both the National Assembly and the Senate in October 2024 on 11 counts, including abuse of office, incitement, and violations of constitutional duties.

The Senate upheld five of the charges, sealing Gachagua’s removal.

Gachagua, who has consistently denied all accusations, has filed a notice seeking to withdraw four of the petitions previously lodged in the High Court. However, this attempt has now been challenged in court by a new petitioner, Kelly Maleya, who argues that the petitions—regardless of their filing dates—speak to fundamental issues of legality and public interest surrounding the impeachment process.

Maleya’s application urges the court to preserve all petitions until a full hearing can be conducted, emphasising the need for judicial clarity in a matter of national significance.

Meanwhile, the Court of Appeal’s earlier decision effectively paused proceedings at the High Court, pending fresh directions from the Chief Justice. That pause is now lifted with Koome’s formal intervention.