Controversy Surrounds Three-Judge Bench in Rigathi Gachagua Impeachment Hearings

The legality of a three-judge bench constituted by Deputy Chief Justice Philomena Mwilu came under scrutiny on Tuesday during the impeachment hearings involving ousted Deputy President Rigathi Gachagua. Questions were raised over the Deputy Chief Justice’s decision to assemble the bench at night, with critics terming the move unconstitutional. Lawyer Kibe argued that although the law stipulates that the President must nominate a Deputy President within 14 days and Parliament processes the nomination within 60 days, the procedure was fast-tracked and completed within just four hours. He asserted that this sequence of events, from the parliamentary impeachment to the formation of the bench, amounted to a deliberate breach of the Constitution.

Gachagua, along with his legal team, requested the withdrawal of the three judges empaneled by Mwilu from the cases assigned to them. The former Deputy President, joined by petitioners David Mathenge, Peter Kamotho, Grace Muthoni, Clement Muchiri, and Edwin Munene, argued that the judges—Eric Ogola, Freda Mugambi, and Anthony Mrima—were not properly constituted and, therefore, lacked the legal standing to preside over the case. They further pointed out that, despite 10 cases being filed on Friday, only three were submitted before the judges—specifically those with orders blocking Interior CS Prof. Kithure Kindiki from assuming the role of Deputy President.