Court of Appeal Rules Against Deputy Chief Justice Mwilu in Gachagua Impeachment Case

In a landmark ruling, the Court of Appeal has declared that Deputy Chief Justice (DCJ) Philomena Mwilu lacked the authority to empanel a three-judge bench to hear petitions challenging the impeachment of former Deputy President Rigathi Gachagua. The court ordered Chief Justice Martha Koome to constitute a new bench, marking a significant victory for Gachagua in his legal battle to contest his ouster.

The decision stems from Gachagua’s appeal, which argued that only the Chief Justice has the constitutional power to appoint judges for such cases. The ruling has broader implications, notably affecting a separate suit seeking to dissolve Parliament over its failure to meet the two-thirds gender rule, as Mwilu’s authority in empanelling benches for that case is now under scrutiny.

Gachagua’s impeachment in October 2024 sparked political tensions, particularly in the Mt Kenya region, where he retains significant support. His legal team, led by Senior Counsel Paul Muite, has consistently challenged the judicial process, alleging bias and procedural irregularities in the bench appointed by Mwilu.

The Court of Appeal’s verdict has reignited debates over judicial independence and the balance of power within Kenya’s judiciary. Political analysts suggest this ruling could reshape Gachagua’s political prospects and influence ongoing litigation regarding parliamentary compliance with constitutional gender requirements.