Old is as good as new: CJ Koome retains 3 judges appointed by DCJ Mwilu’s quashed bench on Gachagua ouster suit
Effectively, Justices Eric Ogola, Anthony Mrima, and Freda Mugambi are once again handling the same matter
Chief Justice Martha Koome has reappointed the same three judge bench that her deputy, Philomena Mwilu, had previously selected to hear petitions on the impeachment of Rigathi Gachagua as Deputy President and which the Court of Appeal ruled that the Deputy Chief Justice had illegally empaneled.
Effectively, Justices Eric Ogola, Anthony Mrima, and Freda Mugambi are once again handling the same matter.
President of the Court of Appeal Daniel Musinga, along with Justices Mumbi Ngugi and Francis Tuiyott, agreed with Gachagua’s legal team that it was not within the Deputy Chief Justice’s mandate to empanel the bench, particularly in the absence of an explanation as to why Chief Justice Koome could not do so herself.
In keeping with a Court of Appeal judgment that instructed CJ Koome to appoint a bench to handle three consolidated matters on the impeachment of Gachagua, Chief Justice Martha Koome tapped selected the same judges.
The trio will hear constitutional petitions challenging the controversial impeachment of former DP Gachagua.
The move comes just weeks after the Court of Appeal, in a ruling delivered on May 9, 2025 quashed an earlier decision by DCJ Mwilu to constitute a similar bench.
Mwilu’s October 18, 2024, appointment of Justices Ogolla, Mrima, 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.
The case will be mentioned on May 29, 2025 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.
Gachagua’s 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.
