Chief Justice Martha Koome has reappointed the same three-judge bench (Justices Eric Ogola, Freda Mugambi, and Anthony Mrima) to hear petitions related to Gachagua’s impeachment, despite the Court of Appeal’s criticism of the initial selection process.
The Court of Appeal had previously ruled that the bench’s initial appointment by Deputy Chief Justice Philomena Mwilu (Oct 2024) did not meet constitutional standards because proper procedures were not followed.
A three-judge appellate bench (Justices Daniel Musinga, Mumbi Ngugi, and Fred Ochieng) found that: DCJ Mwilu’s appointment of the bench lacked transparency (reasons were not communicated to parties).
While the DCJ can perform administrative duties in the CJ’s absence, empaneling a bench for constitutional matters is a core CJ function and cannot be delegated.
However, the court refused to bar the original judges from being reappointed, leaving the decision to CJ Koome. Gachagua and others had challenged the High Court’s decision upholding DCJ Mwilu’s bench appointment and rejecting calls for the judges to recuse themselves.
The Court of Appeal’s ruling gave Gachagua a legal lifeline by nullifying the earlier bench’s formation but did not disqualify the judges from being reassigned. The reconstituted bench will now hear three consolidated petitions on Gachagua’s impeachment.
The case continues amid legal debates on judicial delegation and constitutional procedures.
While the Court of Appeal criticized the process, it did not disqualify the judges, allowing CJ Koome to reassign the same bench.
This keeps Gachagua’s legal battle alive but under a properly constituted panel.
