Chief Justice Martha Koome has appointed a three-judge bench to preside over a petition challenging the impeachment of Deputy President Rigathi Gachagua.
The bench will consist of Justices Eric Ogola, Anthony Mrima, and Lady Justice Freda Mugambi.
“Following the orders issued by Hon. Mr. Justice L. N. Mugambi on 11th October 2024, I appoint Justice Eric Ogola, Justice Anthony Mrima, and Lady Justice Freda Mugambi to hear and determine this petition along with Petitions E509/2024, E537/2024, E528/2024, E525/2024, and E506/2024,” Chief Justice Koome stated in her directive.
Koome’s appointment of the three came after Justice Lawrence Mugambi referred a petition challenging the impeachment process to the CJ.
According to Justice L. N. Mugambi, the matter was referred to the Chief Justice due to its significant implications and public interest.
“In my view, despite the strong opposition from the respondents, this petition raises important constitutional questions under Article 163 B and D (2). Therefore, I refer it to the Chief Justice for the empanelment of a bench,” Mugambi stated.
ALSO READ: NCIC Warns: Gachagua’s Impeachment May Lead to National Division
Notably, Deputy President Rigathi Gachagua’s legal team, led by Senior Counsel Paul Muite, had requested the High Court to forward the case to the Chief Justice.
In their petition, Muite and his team contended that the impeachment of the Deputy President should not be determined by the numbers in the National Assembly but should instead rely on factual evidence.
The legal team is also questioning the public participation process conducted by the National Assembly prior to last week’s voting exercise.
ALSO READ: Raila defends Adani Deal Says the Country is Struggling Financially
“It’s not just about numbers in the National Assembly; there must be proof of a gross violation of the constitution, which is crucial,” Muite argued in court.
Additionally, the Deputy President has expressed that his defense was not presented to the public, who ultimately decided on his impeachment.
ALSO READ: Gachagua’s Impeachment: Deputy President Trusts Judiciary Amid Ruto’s Silence
Meanwhile, the Senate is scheduled to hold a hearing regarding the Deputy President’s impeachment from Wednesday, October 16, to Thursday, October 17, with a voting exercise set to take place on Thursday.
