A dramatic twist has rocked Kenya’s political and judicial landscape as Chief Justice Martha Koome has taken a bold and unexpected step against former Deputy President Rigathi Gachagua.
In a move likely to escalate political tensions, CJ Koome has assigned three high-stakes impeachment petitions—previously at the heart of a heated legal dispute—to a bench led by Justice Eric Ogolla, the very team Gachagua had vehemently opposed.
The showdown cases are:
- Milimani Petition No. E565 of 2024
- Kerugoya Petition No. E015 of 2024
- Kerugoya Petition No. E013 of 2024
A formal notice from the Judiciary, stamped by the Assistant Deputy Registrar of the Constitutional and Human Rights Division, confirms that Justices Anthony Mrima and Freda Mugambi will join Justice Ogolla in presiding over the consolidated cases.
The hearing is set for May 29, 2025, at 2:30 p.m. in Courtroom 18.
But here’s the twist that has sent shockwaves across the political scene: this decision comes hot on the heels of a Court of Appeal ruling that sided with Gachagua—stating that only the Chief Justice has the constitutional authority to empanel judges. The court faulted Deputy Chief Justice Philomena Mwilu for overstepping by assembling the Ogolla bench in the first place.
Yet, rather than backing down, CJ Koome has now doubled down—reassigning the very same bench, this time under her official authority, effectively neutralizing Gachagua’s previous legal win.
The Court of Appeal, led by Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott, had dismissed claims that Koome’s international travel had rendered her unable to perform her duties. Their ruling sent a clear message: even from abroad, the Chief Justice remains in charge.
“In this day and age,” the judges noted, “we do not think the Chief Justice can be ‘electronically absent’ for so long that she cannot empanel a bench or give directions. That can be done from anywhere in the world.”
This latest maneuver by CJ Koome appears to be a strategic masterstroke—compliant with the law, but symbolically powerful, sending a resounding message to political players across Kenya: the Judiciary stands unmoved, and the rule of law remains supreme.
