Kenya’s impeached Deputy President, Rigathi Gachagua, submitted an appeal on Monday, October 28,
seeking to stop ongoing impeachment proceedings in the High Court. Gachagua argues that recent rulings were procedurally flawed and questions the authority of the three-judge bench handling his case.
Gachagua’s legal team, led by lawyer John Njomo, asserts that Deputy Chief Justice Philomena Mwilu exceeded her authority by appointing Justices Eric Ogola, Anthony Mrima, and Frida Mugambi without Chief Justice Martha Koome’s approval. According to Njomo, only the Chief Justice has constitutional authority to assign judges under Articles 25, 27, 47, 48, 50(1), and 260 of Kenya’s Constitution. Gachagua’s appeal claims this appointment breached Article 165(4), misinterpreting the law.
Last week, the three-judge panel validated Mwilu’s decision, with Justice Mrima stating that, in certain circumstances, the Deputy Chief Justice can perform administrative duties of the Chief Justice. He noted, “The Chief Justice’s administrative role in assigning judges may be temporarily assumed by the Deputy Chief Justice if the Chief Justice is unavailable.”
Gachagua is now appealing to the Court of Appeal for an injunction to suspend the High Court proceedings until his case is reviewed.
