The High Court is set to issue fresh directions today in the case where former Deputy President Rigathi Gachagua is challenging his impeachment. A three-judge bench, comprising Justices Eric Ogola, Freda Mugambi, and Antony Mrima, is also expected to set a date for the hearing of all consolidated petitions related to the matter.
This follows a previous ruling in which the court denied Gachagua’s request to halt proceedings pending an appeal at the Court of Appeal. In October 2024, Gachagua had moved to the appellate court after the High Court upheld the Deputy Chief Justice (DCJ) Philomena Mwilu’s authority to constitute a bench in the absence of the Chief Justice.
Gachagua’s legal team, led by Senior Counsel Paul Muite and Elisha Ongoya, had challenged Mwilu’s decision, arguing that she lacked the constitutional mandate to form the panel that would hear the impeachment case. However, Justices Ogola, Mugambi, and Mrima ruled that the bench was properly constituted, prompting Gachagua to escalate the matter to the Court of Appeal.
During last month’s mention, Gachagua’s lawyers requested the High Court to stay proceedings until the appellate court delivers its ruling. Lawyer Dudley Ochiel argued that proceeding with the case before the appeal is determined would be premature. Similarly, lawyer Ndegwa Njiru emphasized that the outcome of the appeal could dissolve the current bench, making it prudent to wait for the higher court’s decision.
“The appeal will have far-reaching implications, especially if it goes in our favor. That is why we are asking the court to hold its horses,” Njiru stated.
However, this application faced opposition from the National Assembly, the Senate, and the Attorney General. Representing the Senate, Senior Counsel Tom Ojienda urged the court to reject the request, pointing out that there were no stay orders from the Court of Appeal to justify halting the case.
In their ruling, the judges dismissed Gachagua’s plea for a stay, reaffirming their October 2024 decision. Justice Ogola, who is presiding over the case, stated that they would only suspend the hearing if a formal stay order is issued by the Court of Appeal.
“We restate our position that at any time we would be served with a stay order, we will down our tools,” Ogola affirmed.
With today’s proceedings, the court is expected to clarify how the case will proceed, including setting a firm date for the hearing of all consolidated petitions.
