Impeached Deputy President Gachagua Moves to Block High Court Proceedings in Kenya

Kenya’s former Deputy President Rigathi Gachagua has sought a court injunction to stop High Court proceedings tied to his impeachment. Learn more about his legal strategy and case implications.

On Monday, October 28, Kenya’s Deputy President Rigathi Gachagua, who has been impeached, submitted a petition to the Court of Appeal. He is seeking to stop the ongoing impeachment proceedings in the High Court. Gachagua contends that recent decisions by the High Court were erroneous and has challenged the validity of the three-judge panel overseeing his case.

The legal team representing Gachagua, headed by lawyer John Njomo, argues that Deputy Chief Justice Philomena Mwilu exceeded her authority by appointing the three judges—Justices Eric Ogola, Anthony Mrima, and Frida Mugambi—without obtaining approval from Chief Justice Martha Koome.

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Njomo states that the Chief Justice holds exclusive constitutional power to assign judges, as specified in Articles 25, 27, 47, 48, 50 (1), and 260 of Kenya’s Constitution. Meanwhile, Gachagua’s petition argues that the bench appointment contravened Article 165 (4) of the Constitution and involved a misinterpretation of legal provisions.

Last week, a three-judge panel affirmed the legitimacy of Mwilu’s actions. Justice Mrima clarified that the Deputy Chief Justice is authorized to temporarily assume administrative responsibilities typically held by the Chief Justice when required. He stated, “The administrative function of assigning judges can be performed by the Deputy Chief Justice if the CJ is unable to do so.”

Gachagua is now requesting that the Court of Appeal grant an injunction to halt the High Court proceedings until his appeal can be reviewed.