The High Court has put on hold the constitutional petition involving former Deputy President Rigathi Gachagua, following a decision by the Court of Appeal that questioned the constitution of the bench originally assigned to hear the case.
Scheduled to proceed on May 15, 2025, the case, Bench Petition No. E565 of 2024, has now been adjourned pending further instructions from Chief Justice Martha Koome.
A notice issued by Assistant Deputy Registrar Hon. Beja Nduke informed all parties involved that the case would not proceed until the Chief Justice provides guidance, in line with a recent Court of Appeal ruling. “This matter stands adjourned pending directions by the Honourable Chief Justice in line with the Court of Appeal decision,” the notice read.
The legal impasse stems from a ruling last week in which the Court of Appeal overturned a decision by Deputy Chief Justice Philomena Mwilu. On October 18, 2024, Mwilu had appointed a three-judge bench to hear the case, consisting of Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi.
However, Gachagua’s legal team contested this decision, arguing that it was unconstitutional and procedurally flawed. In its judgment delivered on May 9, the Court of Appeal sided with Gachagua, ruling that only the Chief Justice has the constitutional authority to appoint a bench for such matters. As a result, the appellate court directed that the case be referred to Chief Justice Koome for the necessary action, halting all proceedings until a new bench is appointed.
This legal development has sparked broader debates about judicial authority in Kenya, particularly regarding the role of the Chief Justice in the appointment of judges to hear significant constitutional cases.
As it stands, the future of Gachagua’s petition now rests with Chief Justice Koome, who will have the final say on how to move forward. The adjournment has left many questions unanswered about when the case will proceed and which judges will ultimately hear it.
