Koome appoints judges to hear Gachagua’s petition

By Peter Ochieng

Chief Justice (CJ) Martha Karambu Koome has appointed three judges to hear and determine Deputy President (DP) Rigathi Gachagua’s petition.

The DP, through his lead lawyer Paul Muite, is challenging his impeachment process.

Koome settled on a three-judge bench, Justices Eric Ogola, Anthony Mrima and Fridah Mugambi to hear and determine the matter.

The three judges are expected to hear Gachagua’s petition alongside five other petitions that have been filed challenging the impeachment process.

The impeachment process gathered pace last week, when 281 Members of Parliament (MPs) voted in favour of an impeachment motion tabled by Kibwezi West MP Eckomas Mwengi Mutuse.

The Senate is expected to tackle the matter this week. Gachagua had moved to the High Court to have the matter referred to the Chief Justice, for her to constitute a three-bench judge to hear the case.

Justice Lawrence Mugambi of the High Court referred the matter to the CJ on October 11, 2024.

''This one is one of those rare occasions where the court should rise to the occasion and serve the public with the resources that it can summon. In my view, despite stiff opposition by the respondents, it is my considerate opinion that this petition raised with the constitutional questions that fall under article 163 b and d (2) hence am persuaded to submit them to the Chief Justice for parliament of a bench,’’ Mugambi stated.

Speaking at a church service in Embu County on Sunday, Gachagua expressed Rigathi Gachagua confidence in the judiciary, as far as dispensing justice is concerned.

"Our Judiciary is very professional and I have no doubt that our eminent judges will protect and uphold the constitution and always make sure that the will of the people is sovereign."

"The will of the people should be respected because they vote every five years and it is good to respect their choices."

He called on Kenyans to maintain calm despite the outcome of the impeachment case. The DP has been allocated time on Thursday, to defend himself against 11 charges levelled against him.