Aston Lukoye
- A three-judge bench ruled that Deputy Chief Justice Philomena Mwilu acted procedurally in appointing the bench.
- Impeached Deputy President Rigathi Gachagua had challenged Mwilu’s authority to appoint the panel.
- The court found no fault with the DCJ’s actions, stating she could act when the Chief Justice is unavailable.
- Gachagua’s legal team plans to appeal the decision.
In a significant ruling, a three-judge bench has dismissed an application by impeached Deputy President Rigathi Gachagua, who had challenged the appointment of a panel of judges by Deputy Chief Justice (DCJ) Philomena Mwilu. The bench ruled that Mwilu’s actions were lawful and procedural.
The ruling, delivered by Justices Eric Ogola, Freda Mugambi, and Anthony Mrima, stated that DCJ Mwilu’s empanelment of the bench to hear a state petition challenging conservatory orders related to Gachagua’s impeachment was valid. The bench confirmed that Mwilu had acted within her powers, especially given that Chief Justice Martha Koome had not objected to the appointment.
“It is, therefore, our finding that the constitutional function of the CJ to assign benches, being an administrative function, can be performed by the DCJ when the CJ, for good reason, is unable to perform,” the bench stated.
Gachagua’s legal team had questioned Mwilu’s authority, arguing that only Chief Justice Koome had the mandate to assign judges. However, the Attorney General’s office, represented by Dorcas Oduor, maintained that the DCJ could step in when the Chief Justice was unavailable.
Following the ruling, Gachagua’s lawyer, Senior Counsel Paul Muite, revealed that they would advise their client to appeal the decision. “I will be seeking to have my client appeal,” Muite said.
The court’s decision upholds the actions of Deputy Chief Justice Philomena Mwilu in appointing the bench to hear the state’s petition. However, with Gachagua’s legal team set to appeal, the matter is far from over, and the next steps will be closely watched.
