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The Nairobian

Court directs CJ Koome to form bench to hear Gachagua impeachment case

National

By Sharon Wanga and Nancy Gitonga | Oct 11, 2024

**Deputy President Rigathi Gachagua.** [DPCS, Standard]

The High Court has referred five cases challenging the impeachment of Deputy President Rigathi Gachagua to Chief Justice Martha Koome, directing her to appoint a three-judge bench to hear the matter.

In a ruling on Friday, Justice Lawrence Mugambi noted the constitutional significance of the case, warranting a multi-judge bench.

“Despite the respondents' opposition, I believe these cases raise substantial constitutional questions under Article 163. Therefore, I am persuaded to refer them to the Chief Justice for the formation of a bench,” Mugambi ruled.

Justice Mugambi also underscored the court's commitment to addressing the case, noting, “Courts are not here for the intellectual satisfaction of the elite but to serve the public in matters of great concern. This is one of those rare occasions where the court must rise to the challenge and use all available resources.”

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The ruling comes a day after Deputy President Gachagua's legal team, led by Senior Counsel Paul Muite, expressed concerns about the constitutional implications of the case.

Muite pointed out that this is the first time the court is handling the impeachment of a deputy president under the new Constitution.

The lawyer urged the court to refer the matter to the Supreme Court for the appointment of a three-judge bench.

“The impeachment of the Deputy President is a serious issue that requires a three-judge bench for proper adjudication,” he argued.

The Law Society of Kenya also backed Gachagua's position, stating that the case involves significant legal questions that should be addressed by a bench.