Editor's Review

The appointments were done following the directives issued by Justice Lawrence Mugambi.

Chief Justice Martha Koome has appointed a three-judge bench to hear and determine a petition challenging the impeachment of Deputy President Rigathi Gachagua.

The three who will constitute the bench are Justices Eric Ogola, Freda Mugambi and Anthony Mrima.

‘’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 together with Petitions E509/2024, E537/2024, E528/2024, E525/2024 and E506/2024,’’ Koome directed.

Koome's appointment of the three came after Justice Lawrence Mugambi referred a petition challenging the impeachment process to the CJ.

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File image of Deputy President Rigathi Gachagua addressing the media in Mombasa.

According to Mugambi, the matter was referred to the head of the Judiciary given that it was weighty and of public interest.

"In my view, despite stiff opposition by the respondents, it is my considered opinion that this petition risks weighty constitutional questions that fall under Article 163 B and D (2) hence I am pursuant to refer it to the Chief Justice for empanelment of a bench," Mugambi directed.

Notably, the legal team of the DP led by Senior Counsel Paul Muite had pleaded with the High Court to have the matter referred to the CJ.

In their petition, Muite and the team opined that the impeachment of the DP ought not to be about numbers in the National Assembly but based on facts.

The DP's legal team is also questioning the public participation process that was done by the National Assembly prior to the voting exercise last week.

"It's not about numbers in the National Assembly. There has to be proof of gross violation of the constitution, this is very important," Muite argued in court.

As argued by the DP before, his defence was not presented to Kenyans who made the decision on whether he should be impeached or not.

Meanwhile, the Senate is set to hold a hearing on the impeachment of the DP from Wednesday, October 16 to Thursday, October 17.

A voting exercise will be undertaken by the Senators on Thursday.