CJ Koome Appoints 3-Judge Bench to Hear Gachagua’s Case

Chief Justice (CJ) Martha Koome has appointed a three-judge to hear the petition filed by Deputy President (DP) Rigathi Gachagua challenging the impeachment motion tabled against him.

The bench consists of Justices Eric Ogola, Anthony Mrima and Freda Mugambi.

“Following the orders issued by Justice Lawrence N. Mugambi on 11th October 2024, I appoint; Justices Eric Ogola, Anthony Mrima, and Frida Mugambi to hear and determine this Petition together with Petitions E509/2024, E537/2024, E528/2024, E525/2024, and E506/2024,” read the directives given by Koome.

The High Court has issued orders allowing the petition challenging Gachagua’s impeachment to be forwarded to CJ Koome.

masengeli, Koome — Justice Lawrence Mugambi during JSC interview for the positions of Judges of the High Court on October 19, 2022. PHOTO/ KBC.

High Court Directives to CJ Koome

In the ruling, Justice Lawrence Mugambi directed the CJ to form a three-judge bench to determine the case.

Mugambi said the matter is of public interest and needs the attention of CJ Koome.

“Courts exist to serve the public in matters of great concern to them and this one of the rare occasions where the court should arise to the occasion and serve the public with all the resources that it can possibly summon,” said Mugambi.

“In my view, despite stiff opposition by the respondents, it is my considered opinion that this petition risks weighty constitutional questions that fall under Article 163 B and D (2) hence I am pursuant to refer it to the Chief Justice for empanelment of a bench.”

Mugambi also asked the bench to review the public participation and impeachment procedures that preceded the Gachagua’as impeachment by Parliament.

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Gachagua’s Legal Team Demands

Gachagua, through his lead counsel Lawyer Paul Muite, asked the High Court to refer the matter to the Supreme Court for the appointment of a three-judge bench.

“It’s not about numbers in the National Assembly. There has to be proof of gross violation of the constitution, this is very important,” Mwite said.

Muite pointed out that this is the first time the court is handling the impeachment of a deputy president under the new Constitution hence the need of a bench.

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“The impeachment of the Deputy President is a serious issue that requires a three-judge bench for proper adjudication,” he argued.

His position was supported by the Law Society of Kenya (LSK) stating that the case involves significant legal questions that should be addressed by a bench.