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Post Reply: CJ Koome Reinstates Same Three-Judge Bench to Hear Gachagua’s Impeachment Cases

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on May 23, 2025, 3:24 pm</div><div id="pl-6007"  class="panel-layout" ><div id="pg-6007-0"  class="panel-grid panel-no-style" ><div id="pgc-6007-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6007-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p>Chief Justice Martha Koome has reconstituted the same three-judge bench, consisting of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, to hear cases challenging the impeachment of former Deputy President Rigathi Gachagua. This decision follows a series of legal developments that have kept the contentious impeachment saga in the spotlight.</p>
<p>The move comes after the Court of Appeal, on 9th May 2025, quashed a decision by Deputy Chief Justice Philomena Mwilu to appoint the same bench, ruling that only the Chief Justice has the constitutional authority under Article 165(4) to empanel such benches. The appellate court, comprising Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott, dismissed claims of bias against the judges but emphasized that Mwilu’s action was unconstitutional, rendering prior decisions by the bench void.</p>
<p>The cases stem from petitions filed by Gachagua and others challenging his impeachment by the National Assembly and Senate in October 2024. Initially, five petitions were withdrawn on 16th May 2025, to avoid duplication, as the legal issues raised were replicated in seven post-impeachment petitions. This withdrawal paved the way for Chief Justice Koome to reconstitute the bench without appearing to have dismissed the judges.</p>
<p>The reconstituted bench will now handle the consolidated petitions, which include 16 respondents, such as the Attorney-General and the Speakers of the Senate and National Assembly, as well as eight interested parties, including Deputy President Prof Kithure Kindiki and the Law Society of Kenya. The cases challenge the legality of Gachagua’s removal and the subsequent swearing-in of Kindiki on 1st November 2024, after the bench lifted conservatory orders that had temporarily halted the process.</p>
<p>Gachagua’s legal team, led by Senior Counsel Paul Muite, has argued that the impeachment process was flawed and that only the Chief Justice could lawfully assign judges to the case. The Court of Appeal’s ruling was hailed as a significant victory for Gachagua, with lawyers stating that it nullified prior decisions, including those allowing Kindiki’s swearing-in.</p>
<p>The High Court had previously suspended proceedings on 15th May 2025, pending Koome’s directions, following the appellate court’s ruling. The reinstatement of the same judges has sparked mixed reactions, with some questioning whether the bench can remain impartial, though the Court of Appeal explicitly dismissed allegations of bias.</p>
<p>As the legal battle continues, all eyes are on Chief Justice Koome’s reconstituted bench to deliver a ruling on the weighty constitutional issues surrounding Gachagua’s impeachment. Further updates are expected as the court sets new hearing dates.</p>
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