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.

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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.

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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.

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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.