Appeal Court Rules in Favour of Rigathi Gachagua

Former Deputy President Rigathi Gachagua has secured a legal win after the Court of Appeal overturned a decision made by Deputy Chief Justice (DCJ) Philomena Mwilu regarding the formation of a three-judge bench to hear a petition challenging his removal from office.

In a ruling delivered yesterday, the appellate court quashed DCJ Mwilu’s October 18, 2024, appointment of Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to preside over the case. The court held that Mwilu had acted beyond her constitutional mandate and affirmed that only the Chief Justice has the legal authority to constitute such a bench.

Gachagua’s legal team had filed a formal objection to Mwilu’s action, arguing it contravened the Constitution by bypassing the Chief Justice’s exclusive role in empaneling judges for such significant cases. The Court of Appeal agreed, stating that proper judicial procedure must be followed in cases of national importance involving top political figures.

Following the decision, the matter has now been referred to the Chief Justice for fresh directions. Legal observers note that this development could significantly alter the trajectory of the case, which has drawn widespread public interest.

This ruling is seen as a significant boost for Gachagua, whose political future remains uncertain amid ongoing legal challenges. As the judicial process resets, all eyes are now on Chief Justice Martha Koome to determine the way forward.

The outcome also raises questions about internal judiciary protocols and could reignite debates over the roles of top judicial officers in high-profile cases.