Chief Justice Martha Koome has appointed a three-judge bench to preside over petitions filed by Deputy President Rigathi Gachagua, as his impeachment process is set for discussion in the Senate this week.
In her directive, issued through the Constitutional and Human Rights Division of the High Court under Petition No. E522 of 2024, CJ Koome appointed Justices Eric Ogola, Anthony Mrima, and Frida Mugambi to hear and determine Gachagua’s case.
The petition was filed in response to the ongoing impeachment proceedings against the Deputy President.
The move follows an order by High Court Judge Lawrence Mugambi on October 11, 2024, directing the matter to the Chief Justice for the constitution of a three-judge bench.
Justice Mugambi had agreed that the issues raised in the petition were significant enough to require a panel of judges, citing constitutional concerns.
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“This is one of those rare instances where the court must rise to the occasion and allocate its resources appropriately. Despite opposition from the respondents, it is my considered view that this petition raises constitutional questions under Article 163(b) and (d)(2), warranting referral to the Chief Justice for empaneling a bench,” Justice Mugambi noted in his ruling.
Gachagua’s legal team, led by Senior Counsel Paul Muite, had filed the petition challenging the impeachment process and requested the matter be referred to the Chief Justice.
The appointed judges will hear Gachagua’s case alongside several other petitions linked to the impeachment process, including Petitions E509/2024, E537/2024, E528/2024, E525/2024, and E506/2024.
The Senate plenary is expected to deliberate on Gachagua’s impeachment on Wednesday and Thursday
