In a significant victory for former Deputy President Rigathi Gachagua, the Court of Appeal has overturned Deputy Chief Justice (DCJ) Philomena Mwilu's decision to appoint a three-judge Bench to hear impeachment-related cases.
The ruling yesterday clarified that only the Chief Justice has the constitutional authority to empanel judges for such cases.
The appellate court held that DCJ Mwilu lacked the power under Article 165(4) of the Constitution to assign Justices Eric Ogola, Anthony Mrima, and Freidah Mugambi to preside over consolidated petitions filed by Gachagua and his allies.
These petitions aimed to block Prof Kithure Kindiki's ascension as Gachagua's successor and challenge Gachagua's ouster by parliament.
