Court Drops Bombshell: DCJ Mwilu Had No Power in Gachagua Impeachment Case

Court Drops Bombshell: DCJ Mwilu Had No Power in Gachagua Impeachment Case

In a stunning twist, the Court of Appeal on Friday, May 9, ruled that Deputy Chief Justice Philomena Mwilu had no constitutional authority to select judges for Rigathi Gachagua’s impeachment petitions.

The Appellate Court declared Mwilu’s decision to appoint a three-judge bench as unconstitutional.

“We have discussed why it is critical for the reason or reasons why the Chief Justice did not exercise the constitutional mandate reserved for the Chief Justice to be communicated to the parties and the public,” the court stated.

New Bench to Decide Gachagua’s Fate

As a result, the bench made up of Justices Anthony Mrima, Frida Mugambi, and Eric Ogolla was dissolved. The court directed Chief Justice Martha Koome to appoint a new bench within 14 days.

The Court of Appeal bench, led by President Daniel Musinga and Judges Mumbi Ngugi and Fred Ochieng, firmly emphasized the law.

“Powers to empanel a judge bench are only reserved for the Chief Justice,” they ruled.

Mwilu’s Reasons Unclear

Importantly, the court noted Mwilu failed to communicate her reasons for taking over the Chief Justice’s role.

“While we do not doubt the bona fides of the Deputy Chief Justice in constituting the benches, we have discussed why it is critical for the reason or reasons to be set out in the empanelment order,” the court said.

The judges also rejected the claim that Chief Justice Koome’s silence meant she agreed with Mwilu’s actions.

No Evidence of Acting Role

The court further found no proof that Mwilu was Acting Chief Justice at the time. There were no exceptional circumstances provided to explain her decision.

“The absence of an objection from the Chief Justice cannot be taken as an implicit endorsement of the DCJ’s actions,” the judges firmly ruled.

A Ray of Hope for Gachagua?

This development could change the course of Gachagua’s political future. A new bench may offer a fresh perspective, possibly even tilting the scales in his favor.

However, the ruling remains uncertain.

There’s also the real possibility that the new bench may rule against Gachagua, maintaining the outcome of his dramatic impeachment.

Background of the Battle

On October 18, 2024, Mwilu appointed Justices Ogolla (presiding), Mrima, and Mugambi to hear the petitions. Gachagua and his allies had challenged Parliament and Professor Kithure Kindiki, seeking to stop Kindiki from taking office.

Gachagua later contested Mwilu’s authority, arguing that only the Chief Justice could form a judicial bench.

Although the High Court initially sided with Mwilu, Gachagua’s persistence has now borne fruit at the appellate level.

As Kenyans watch closely, the next 14 days will shape Gachagua’s legal — and political — fate.

ALSO READ: DCI Chief Mohamed Amin Warns Gachagua Over Assassination Claims: “This Is Not a Stage for Dramas”

Court Drops Bombshell: DCJ Mwilu Had No Power in Gachagua Impeachment Case