- The High Court has postponed a constitutional petition involving former DP Rigathi Gachagua.
- The delay follows a Court of Appeal ruling that declared the initial judge bench improperly constituted.
- The case was to be heard on May 15, 2025, but now awaits directions from Chief Justice Martha Koome.
- The earlier bench was appointed by DCJ Philomena Mwilu, which the appellate court found unconstitutional.
A major constitutional case facing former Deputy President Rigathi Gachagua has been paused after the Court of Appeal nullified the appointment of the judges who were set to hear it. The High Court was set to begin hearings on May 15, 2025, but a fresh twist has put everything on hold.
A formal notice signed by Assistant Deputy Registrar Hon. Beja Nduke confirmed that the proceedings have been adjourned. The notice explained that the adjournment will last until Chief Justice Martha Koome gives new instructions in response to the appellate court’s verdict.
Court of Appeal Rules DCJ Acted Beyond Her Power
The unexpected delay follows a successful appeal by Gachagua’s lawyers, who challenged how the judge bench was selected. The three-judge team—Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi—had been chosen by Deputy Chief Justice Philomena Mwilu back in October 2024.
However, the Court of Appeal, in a ruling delivered on May 9, 2025, declared that the Deputy Chief Justice lacked the constitutional power to form such a bench. According to the court, that role belongs strictly to the Chief Justice under Kenya’s constitutional framework.
Proceedings on Hold as CJ Koome Expected to Step In
As a result of the ruling, the case, formally listed as Bench Petition No. E565 of 2024, cannot proceed until a new bench is legally put in place. The Court of Appeal has now directed that the file be forwarded to Chief Justice Koome, who will take the necessary steps to form a proper judicial panel.
All attention now shifts to her office, as the country waits to see how and when she will reconstitute the bench to move the case forward. Until then, the legal process remains stalled.
