Impeached Deputy President Rigathi Gachagua has suffered a legal setback after the Court of Appeal refused to halt his ongoing impeachment proceedings in the High Court.
Gachagua had turned to the appellate court, expressing dissatisfaction with a recent ruling by a three-judge panel, which upheld Deputy Chief Justice (DCJ) Philomena Mwilu's authority to appoint the bench for his impeachment case.
Gachagua argued that only the Chief Justice has the constitutional mandate to form such a bench and criticized the ruling as "erroneous" and based on a flawed constitutional interpretation.
However, the three-judge panel—Justices Antony Mrima, Eric Ogola, and Freda Mugambi—clarified that the Constitution allows the DCJ to act in the Chief Justice's role when necessary.
With the Court of Appeal’s decision, Gachagua's future now rests with the High Court, which will soon rule on confirming the swearing-in of nominated Deputy President Kithure Kindiki.
The High Court’s decision will be pivotal following Gachagua's impeachment by the Senate on October 17.