- The Court of Appeal has ruled Deputy CJ Philomena Mwilu overstepped by forming a bench without legal authority.
- Only the Chief Justice holds the mandate to assign such a bench, the judges declared.
- As a result, the bench’s decision that cleared the path for Kindiki’s swearing-in is now invalid.
- This ruling clears the way for Deputy President Rigathi Gachagua to return to office.
A fresh twist has rocked the political scene after the Court of Appeal made a major ruling concerning the recent change in the deputy presidency. The judges stated that Deputy Chief Justice Philomena Mwilu had no legal powers to form the three-judge bench that earlier paved the way for Kithure Kindiki’s swearing-in.
Only Chief Justice Can Form Such a Bench
In their detailed judgment, the Court of Appeal insisted that only the Chief Justice can legally form a constitutional bench of that nature. By bypassing this requirement, Mwilu’s move was termed as unconstitutional and out of line with the Judiciary’s rules.
Kindiki’s Entry Now Nullified
Because of the court’s finding, the earlier decision that opened the door for Kindiki’s assumption of the deputy president’s office has now been cancelled. The appellate judges ruled that the entire process was legally flawed from the start.
Gachagua Cleared to Resume Role
With the previous judgment now null and void, the ruling restores Rigathi Gachagua’s standing as Deputy President. His camp had challenged the legality of Kindiki’s rise, pointing out procedural missteps—an argument now upheld by the appellate court.
