Kenya, May 9 -- The Court of Appeal in Kenya has made an important decision regarding Deputy President Rigathi Gachagua.
They ruled that Deputy Chief Justice Philomena Mwilu did not have the right to set up a three-judge panel to look into the impeachment of Gachagua.
This means that the process that led to Gachagua being temporarily removed from his position is now being reviewed.
The court explained that only the Chief Justice has the power to create such a panel, which could change the situation regarding Gachagua's impeachment.
This decision comes after Gachagua appealed against how the three judges-Justices Eric Ogola, Anthony Mrima, and Freda Mugambi-were chosen by Mwilu to deal with cases related to his impeachment in October 2024.
Gachagua's lawyers argued that this was not allowed by the Constitution, and the Court of Appeal agreed with them.
As a result of this ruling, the High Court cannot continue its work on this case until the Chief Justice, Martha Koome, gives further instructions.
Rigathi Gachagua was impeached by the Kenyan Senate on October 17, 2024, with five out of eleven charges against him. These charges included claims of corruption, promoting ethnic divisions, and weakening the judiciary.
His removal was the first time a deputy president was ousted under Kenya's 2010 Constitution and was seen by Gachagua and his supporters as politically motivated.
After his impeachment, Gachagua challenged the legal process, claiming that the Senate did not follow the rules properly and raised concerns about the new appointment of Interior Minister Kithure Kindiki as his replacement.
Initially, the High Court stopped Kindiki from taking office, but later lifted that order, allowing Kindiki to become the new deputy president. Gachagua's legal team has focused on getting the impeachment decision overturned.
The Court of Appeal's recent decision was about who has the power to assign judges for constitutional cases.
Gachagua's lawyers emphasized that the Constitution gives this responsibility only to the Chief Justice. The court agreed, saying that Mwilu's action was a serious misunderstanding of the Constitution.
The court remarked, "The way the Deputy Chief Justice formed the panel was not allowed by the Constitution. Only the Chief Justice has the right to assign judges for these kinds of matters."
They ordered that the case file be sent back to Chief Justice Koome for her to assign a new panel, with a final decision for the consolidated cases planned for May 9, 2025.
This ruling is a small win for Gachagua, who argues that the judicial process was unfair. However, it does not change his impeachment or bring him back to his job as deputy president right away.
Instead, it postpones a decision on his main claims, which include that the Senate violated his right to a fair hearing and that the public involvement in the impeachment process was not enough.
Gachagua's lawyers were pleased with the ruling, calling it a "vindication" of their client's case. One lawyer, John Njomo, said, "This ruling supports the law and the Constitution. We believe that the main issues will show the impeachment was not done properly."
Political analysts suggest that this decision could create more tension between Gachagua's supporters, especially from the Mount Kenya region, and President Ruto's government.
Gachagua has positioned himself as a defender of Kikuyu interests against what he sees as marginalisation by Ruto's mainly Kalenjin leadership.
The government, represented by the Office of the Attorney General, has not yet commented on this ruling.
President Ruto has previously stated that the High Court should not review impeachment cases, saying those issues should be dealt with by the Supreme Court.
The Court of Appeal's decision now puts the focus on Chief Justice Koome. She has the responsibility to select a new panel to examine Gachagua's petitions. The consolidated cases are officially labelled as Civil Appeal No. E829 of 2024 and E022.
Published by HT Digital Content Services with permission from Bana Kenya.