Appeal Court Blocks Mwilu, Orders CJ Koome to Reappoint Judges in Gachagua Impeachment Battle

The Court of Appeal has directed Chief Justice Martha Koome to appoint a new bench within 14 days to hear petitions filed by former Deputy President Rigathi Gachagua, overturning a previous appointment made by Deputy Chief Justice Philomena Mwilu.

The ruling throws a new twist into the high-stakes legal battle that seeks to stop Gachagua’s successor, Professor Kithure Kindiki, from assuming office following Gachagua’s impeachment.

On October 18, 2024, Justice Mwilu had empaneled Justices Eric Ogola, Anthony Mrima, and Freidah Mugambi to preside over consolidated petitions filed by Gachagua and his allies against Parliament and Kindiki. But the appellate court, comprising Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott, ruled that only the Chief Justice holds the constitutional power to empanel benches under Article 165(4).

“The discretion granted to the Chief Justice by Article 165(4) to empanel a bench is a power solely vested in the Chief Justice. It is the Chief Justice, and she alone, who can determine the number of judges to assign to a matter,” the bench ruled.

Though the appellate judges dismissed allegations of bias against the three initially appointed judges, they emphasized that their inclusion or exclusion in the new bench is up to CJ Koome.

The ruling follows a petition by Gachagua’s legal team, which argued that Justice Mwilu lacked authority to constitute the bench since she was not the substantive Chief Justice. The team further alleged conflicts of interest among the judges: claims that Ogola’s spouse was appointed to a government agency by President Ruto, Mrima’s ties to Senate Speaker Amason Kingi, and Mugambi’s alleged student relationship with Kindiki at Moi University — a claim proven false, as Moi does not offer postgraduate law studies.

Lady Justice Mugambi was later confirmed to hold a Master’s from the University of Birmingham and a PhD from the University of Pretoria, quashing the academic link claims.

“We have not identified any impropriety in the conduct of the bench. We do not find the judges to be biased or lacking impartiality,” the Court of Appeal noted.

Gachagua’s impeachment has become a political flashpoint, and this legal development further delays the transition process for Kindiki. The judiciary now awaits Chief Justice Koome’s next move as the 14-day countdown begins.

The ruling underscores the independence of the judiciary and clarifies constitutional roles within the Judicial Service Commission amid political turbulence.

In other news:Kisumu Horror: Man Sentenced to Life for Defiling Two-Year-Old Girl

Appeal Court Blocks Mwilu, Orders CJ Koome to Reappoint Judges in Gachagua Impeachment Battle