Chief Justice Martha Koome has upheld the appointment of the same three-judge bench to hear petitions challenging the impeachment of former Deputy President Rigathi Gachagua.
The bench comprises Justices Eric Ogola, Anthony Mrima, and Dr. Freda Mugambi.
The Chief Justice directed that the cases be mentioned on May 29 for further directions, confirming the continuation of proceedings with the appointed judges.
This development follows a Court of Appeal ruling on May 9 that overturned the decision by then Deputy Chief Justice Philomena Mwilu to empanel the bench.
The court held that only the substantive Chief Justice has the constitutional authority under Article 165(4) to empanel judges for such high-profile cases.
Former Deputy President Gachagua had contested the initial appointment, arguing that Justice Mwilu lacked the mandate to constitute a bench.
He also alleged conflicts of interest involving the appointed judges, claiming Justice Ogola’s spouse was appointed to a state agency by President William Ruto and that Justice Mrima had close ties to Senate Speaker Amason Kingi.
Gachagua’s legal team further questioned Justice Mugambi’s impartiality, wrongly claiming she was a postgraduate student of Professor Kithure Kindiki, Gachagua’s successor.
The court clarified that Moi University, where the claim was based, does not offer postgraduate law studies. Justice Mugambi’s academic credentials include a Master’s degree from the University of Birmingham and a PhD from the University of Pretoria.
The appellate judges found no evidence of bias or impropriety among the three judges and emphasized that it is the Chief Justice’s sole discretion whether to reappoint them or expand the bench.
“The discretion granted to the Chief Justice by Article 165(4) to empanel a bench is a power solely vested in the Chief Justice,” the court ruled.
