The Court of Appeal, on Thursday, February 27, issued fresh conservatory orders stopping a three-judge bench from hearing former Deputy President Rigathi Gachagua’s impeachment cases, pending determination on May 9.
In light of the new directive, the three-judge bench drawn from the High Court, which comprises Justices Anthony Mrima, Freda Mugambi, and Eric Ogola, is therefore prohibited from proceeding with Gachagua’s impeachment cases.
“High Court proceedings are stayed to await the determination of these consolidated appeals,” Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott stated.
The development comes a day after the Court of Appeal revealed that it would determine the cases challenging Gachagua’s ouster in May.
The Judiciary, in its statement, indicated that the ruling will be released on May 9. The judges of the Court of Appeal will determine multiple petitions filed by various parties challenging different aspects of the impeachment process and the subsequent appointments.
The consolidated cases, including Civil Appeal No. E829 of 2024 and Civil Appeal No. E022 of 2025, encompass challenges to the impeachment's constitutionality, the procedural integrity of the Senate's actions, and the legitimacy of the new Deputy President's appointment.
In October 2024, Gachagua was removed from office by the Senate after being found guilty of multiple charges, including accusations of corruption and misconduct.
In response to the Senate's verdict, Gachagua initiated legal proceedings to contest both the process and the outcome of his impeachment. He argued that the proceedings were unconstitutional and lacked sufficient public participation.
Subsequently, the High Court issued a conservatory order that temporarily blocked the enforcement of the Senate's decision. This ruling effectively paused any steps toward his removal or the selection of a replacement, pending further judicial review.
Given the significant constitutional issues raised, a three-judge panel consisting of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi was formed to deliberate on the matter. However, controversy arose when it was disclosed that Deputy Chief Justice Philomena Mwilu, rather than Chief Justice Martha Koome, had appointed the judges.
Gachagua's legal representatives challenged the legitimacy of this appointment, arguing that only the Chief Justice had the authority to establish such panels.
Further concerns were raised regarding potential impartiality, particularly in relation to Justice Mrima's purported close ties with Senate Speaker Amason Kingi. Despite these concerns, the judges declined to step down, asserting that the objections did not meet the legal standard for recusal.
Following this decision, Gachagua took the case to the Court of Appeal, seeking to overturn the ruling and challenge the legitimacy of the panel's formation.
However, during the process of these appeals, then Interior Cabinet Secretary Kithure Kindiki was nominated and subsequently sworn in as the new Deputy President, following the High Court's decision to vacate the conservatory orders that had previously halted the appointment.
Recognising that the swearing-in had rendered parts of his appeal moot, Gachagua withdrew certain applications but continued to pursue the core issues concerning the bench's formation and potential bias.
