By Brian Kiprono - Reporter
Kenya, 12 May 2026 - Former Deputy President Rigathi Gachagua is pushing for the Supreme Court to throw out an appeal challenging how judges were appointed to hear petitions linked to his impeachment, arguing that the case has already moved on.
In court submissions filed on 11 May 2026, Gachagua said the dispute over whether Deputy Chief Justice Philomena Mwilu had powers to appoint the original bench no longer serves any practical purpose because a new bench is already hearing the matter.
“The determination would have no impact on the lives or interests of parties,” Gachagua stated.
The former Deputy President argued that the issue was overtaken by events after the Court of Appeal nullified the earlier bench appointed by Mwilu and directed Chief Justice Martha Koome to form a fresh one.
Following that ruling, Chief Justice Koome appointed Justices Eric Ogola, Anthony Mrima and Freda Mugambi to hear the consolidated impeachment petitions.
According to Gachagua, all parties have since accepted the authority of the new bench, submitted their documents and actively participated in the proceedings.
The impeachment case is already progressing, with the judges expected to hear cross-examination involving Dr Daniel Gikonyo over claims related to Gachagua’s alleged hospitalisation during the impeachment process in October 2024.
Gachagua warned that reopening the argument over bench appointment would only slow down the hearing.
“The question of bench composition is moot and no longer a live dispute between the parties,” he argued.
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He further told the apex court that public interest now lies in allowing the current judges to continue hearing the case without interruption.
At the same time, Gachagua defended the Court of Appeal ruling that only the Chief Justice has the constitutional mandate to appoint such benches under Article 165(4), except in special circumstances involving the Deputy Chief Justice.
However, he disagreed with the appellate court’s description of the role as merely administrative, insisting it is a constitutional judicial function.
He cautioned that allowing both the Chief Justice and Deputy Chief Justice to appoint benches independently could create confusion within the Judiciary and lead to conflicting decisions.
The appeal before the Supreme Court was filed by the National Assembly, which is challenging the Court of Appeal decision that invalidated the initial bench appointed by Mwilu.
Gachagua is now urging the Supreme Court to dismiss the appeal entirely, saying the matter no longer presents a real dispute worth determining.
Gachagua Wants Supreme Court to Drop Bench Dispute and Focus on Impeachment Case
Gachagua argues impeachment bench appeal is now moot before court