Wamuzi News Ke
The High Court has halted proceedings in a high-stakes petition filed by former Deputy President Rigathi Gachagua—after the Court of Appeal declared that the judges hearing the case were illegally appointed.
This judicial bombshell exploded after it was revealed that Deputy Chief Justice Philomena Mwilu had handpicked the panel of three judges without proper authority—a move the appellate court ruled as unconstitutional.
According to Article 165(4) of the Constitution, only Chief Justice Martha Koome has the legal power to form such a bench.The highly anticipated hearing, which was slated for May 15, has now been thrown into disarray.
An urgent notice issued by Assistant Deputy Registrar Beja Nduke confirmed the abrupt suspension, stating that the matter is officially “on hold” until CJ Koome personally decides the next course of action.
The panel in question—Justices Eric Ogola, Anthony Mrima, and Lady Justice Freidah Mugambi—was appointed by Justice Mwilu on October 18, 2024, to hear Gachagua’s petition challenging decisions made by Parliament and Interior CS Kithure Kindiki.
Gachagua fired back, contesting their appointments and alleging a potential conflict of interest: claims that one of the judges had familial ties to a government appointment and another had political links to Senate Speaker Amason Kingi.
However, the appellate judges—Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott—dismissed the claims of bias but stood firm on the constitutional breach. “There was no evidence of misconduct,” they ruled. “But the authority to create such a bench lies solely with the Chief Justice.”
The Court of Appeal has now ordered CJ Koome to assemble a new bench—possibly even expanding it to five judges. She may still choose to retain the original members or bring in new ones altogether.
For now, all eyes are on the Chief Justice as the legal drama surrounding Rigathi Gachagua intensifies. Stay tuned to Wamuzi News for exclusive updates on this developing story.
