Chief Justice Martha Koome has retained the same judges picked by DCJ Philomena Mwilu to hear constitutional petitions challenging the impeachment of former Deputy President Rigathi Gachagua
The bench, comprising Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi, was previously appointed by Mwilu last year—a move quashed by the Court of Appeal on May 9 for procedural irregularities.
The court ruled that only the Chief Justice holds the constitutional authority to empanel judges in such matters.
The High Court will mention the case on May 29 at Milimani Law Courts for further directions, according to a notice by Assistant Deputy Registrar Beja Nduke.
Gachagua’s impeachment, approved by both Houses of Parliament last October, was based on 11 charges ranging from abuse of office to incitement. The Senate upheld five of those charges, leading to his removal.
CJ Koome’s intervention effectively lifts the stay imposed by the Court of Appeal and reopens the door for judicial examination of the impeachment process.