The Court of Appeal on Friday, May 9, declared that Deputy Chief Justice Philemona Mwilu's decision to empanel a three-judge bench to listen to the impeachment case involving former Deputy President Rigathi Gachagua was unconstitutional.
Consequently, the Appellate Court ruled that the three-judge bench composed of Anthony Mrima, Frida Mugambi, and Eric Ogolla ceased to exist, directing Chief Justice Martha Koome to empanel a new judge bench within the next 14 days.
The court, composed of Court of Appeal President Daniel Musinga, and Judges Mumbi Ngugi and Fred Ochieng, ruled that powers to empanel a judge bench were only reserved for the Chief Justice.
Further, the court found that the reasons behind DCJ Mwilu's empanelment of the three-judge bench were not communicated to all the parties involved, a potential breach of the Constitution.
