Blow to Gachagua as Court Rules Appointment of Three-Judge Bench Constitutional

A three-judge bench presiding over Deputy President Rigathi Gachagua’s impeachment case has determined that the Deputy Chief Justice (DCJ) has the legal authority to form a bench.

Delivering the verdict, Justice Anthony Mrima emphasized that the DCJ is permitted to act on behalf of the Chief Justice (CJ) when necessary.

Justice Mrima explained that the assignment of benches, as an administrative responsibility of the CJ, can be delegated to the DCJ in cases where the CJ is unable to fulfill this duty for valid reasons.

“It is beyond peradventure that the DCJ can assign judges under Article 165 Sub Article 4 of the constitution whenever he/she is discharging any of the constitutional functions on behalf of the Chief Justice,” said Justice Mrima.

“In this case, we do not find any fault in the DCJ assigning judges to sit in this bench more so when the CJ has not raised any red flag.”

The judges also dismissed Senior Counsel Muite’s claims that the three-judge bench was formed during the night without a formal session.

Justice Fridah Mugambi clarified that judicial officers could have transmitted documents electronically, not necessarily through physical means, as argued by Gachagua’s legal team.

On Tuesday, the impeached Deputy President, through his legal team headed by Senior Counsel Muite, objected to the three-judge bench’s decision to hear and rule on the case.

Muite’s team contended that only Chief Justice Martha Koome had the authority to appoint a bench of judges to preside over the petition filed by Gachagua.

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