The Judiciary has refuted claims that it has warned former Deputy President Rigathi Gachagua against misinterpreting the law in favour of his pending impeachment case.
The Judiciary, on Saturday, May 24, flagged a viral social media post circulating online, which purported that Gachagua had allegedly misinterpreted the law in an attempt to evade sentencing.
A screenshot of the fake post, shared on X and Facebook platforms, claimed that Gachagua remained permanently impeached despite seeking intervention through the courts.
According to the flagged publication, which implicated Chief Justice Martha Koome, the former DP's appeal did not in any way take away the fact that he was impeached by the Senate.
"If you're impeached, you're impeached permanently. Even if you have a case in court, you're still impeached. The appeal does not make you clean or take away the sentence," claimed the flagged poster.
Further, the misleading post alleged that Gachagua's attempt to misinterpret the law in his favour could land him in jail. "Rigathi Gachagua is trying to interpret the law in a way that pleases him and that could land him in jail," the post alleged.
The Judiciary was forced to address the matter after several Kenyans expressed concerns over the accuracy of the information, with some urging Martha Koome to clarify her stance on the issue.
Meanwhile, the clarification comes a day after CJ Koome appointed the same bench her deputy, Philomena Mwilu, selected to hear Gachagua's impeachment petitions.
Koome announced the appointment of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi to hear and determine the petitions filed by Gachagua's legal team against the Senate and the National Assembly.
CJ Koome reappointed the three judges after the Court of Appeal quashed DCJ Mwilu's selection of the three-judge bench, labelling the move unconstitutional.
In its ruling, the appellate court directed that the matter be referred to the Chief Justice, who holds the exclusive mandate to empanel a bench to hear such a case of significant magnitude.
Gachagua's legal team had moved to the Court of Appeal last year to challenge Mwilu's decision to empanel the bench, terming it unconstitutional and arguing that only the Chief Justice has the authority to make such appointments.
