High Court Bench Refuses to Disqualify Itself from Gachagua's Impeachment Case

The three-judge High Court bench has today decided not to disqualify itself from hearing and ruling on the case filed by former Deputy President Rigathi Gachagua.

The ruling, delivered on October 23, 2024, by Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi, addressed crucial questions about judicial administrative powers. The dispute emerged when Gachagua's legal team, spearheaded by Senior Counsel Paul Muite, contested the bench's formation asserting that only Chief Justice Martha Koome possesses the authority to appoint judges for the case. However, the court, citing Article 165(4) of the Constitution, has upheld Deputy Chief Justice Mwilu's jurisdiction to exercise administrative functions on behalf of the Chief Justice.

"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," notes Justice Mrima.

Justice Mrima emphasizes that Chief Justice Koome had raised no objections to this arrangement. The bench has also dismissed allegations regarding improper procedural conduct. Claims by Senior Counsel Muite suggesting a nocturnal bench constitution have been countered by Justice Mugambi who clarifies that electronic document transfer is a standard practice.

This development follows the High Court's earlier issuance of conservatory orders on October 18, 2024, which effectively halted the swearing-in of nominated Deputy President Kithure Kindiki pending the resolution of Gachagua's petition. The case has garnered substantial public interest due to its potential impact on Kenya's governance structure and legal framework. Legal expert Danstan Omari has suggested that the proceedings could extend up to three years, potentially reaching the Supreme Court. The matter originated when Gachagua filed a petition challenging both his impeachment and the appointment of his successor.

According to a recent Infotrak survey, Deputy President Rigathi Gachagua has secured 8% in Infotrak's national heroes survey, drawing significant support from his Central Kenya base where he commanded 25% recognition. His position ties with both President William Ruto and MP Babu Owino in the national ranking. In terms of influence, Gachagua polls at 6%, placing third behind opposition leader Raila Odinga's 23% and President Ruto's 7%.