Oct 29 – Kenya’s impeached Deputy President, Rigathi Gachagua, has filed a petition with the Court of Appeal seeking to halt ongoing impeachment proceedings currently in the High Court. Gachagua was impeached on allegations of corruption, abuse of office, and misconduct, which he has vehemently denied. The National Assembly initiated the impeachment process following a report from the Ethics and Anti-Corruption Commission (EACC), which detailed alleged financial irregularities and misuse of public funds.
In his appeal, Gachagua argues that recent High Court rulings were flawed and has challenged the legitimacy of the three-judge panel handling his case. Gachagua’s legal team, led by lawyer John Njomo, contends that Deputy Chief Justice Philomena Mwilu exceeded her authority by appointing Justices Eric Ogola, Anthony Mrima, and Frida Mugambi to the panel without Chief Justice Martha Koome’s approval.
Njomo asserts that, according to Kenya’s Constitution under Articles 25, 27, 47, 48, 50 (1), and 260, only the Chief Justice can assign judges. Gachagua’s petition argues that Mwilu’s appointment of the judges breached Article 165 (4) and misinterpreted the law.
Last week, however, the three-judge panel upheld the legitimacy of Mwilu’s actions, with Justice Mrima stating that the Deputy Chief Justice can fulfill the Chief Justice’s administrative duties temporarily when necessary. “The Chief Justice’s role in assigning judges is an administrative function that may be carried out by the Deputy Chief Justice in the CJ’s absence,” Justice Mrima noted.
Gachagua is now asking the Court of Appeal to issue an injunction to suspend the High Court proceedings while his appeal is under review.