A three-judge bench handling the consolidated petitions in the impeachment-related legal battle of former Deputy President Rigathi Gachagua is expected to deliver three pivotal rulings today that could determine the future trajectory of the case.
The rulings will address critical applications that have defined the recent course of proceedings in the petitions, which were filed in response to alleged impeachment manoeuvres and financial accountability demands.
While the petitions initially sought to challenge actions alleged to undermine Gachagua politically, they have since become mired in complex procedural disputes, jurisdictional objections, and competing claims over who has the right to prosecute them.
One of the applications under consideration is by Fredrick Mula, who is seeking to substitute Gachagua as the petitioner in the amended petition, which seeks compensation for the remainder of the five-year term he would have served as Deputy President.
Mula argues that the matter raises questions of public interest that go beyond the ex-DP as an individual.
Gachagua’s legal team, led by Senior Counsel Paul Muite, fiercely opposed the move, calling it a “hostile takeover” and informing the court that they had already filed a notice to withdraw the earlier withdrawal, effectively seeking to retain control of the petition.
A second ruling will address an application by lawyer Kibe, who, through advocate Mutembei, is challenging the validity of the current bench and seeking its recusal.
Kibe argues that the three-judge panel was improperly constituted and wants the matter referred back to Chief Justice Martha Koome for fresh empanelment.
The respondents, however, maintain that the CJ’s administrative role in forming benches is not subject to review by the same panel and accuse Kibe’s team of “forum shopping” and stalling progress.
The third ruling concerns overall compliance and the fate of existing conservatory orders.
The court is handling applications filed by Kerugoya Woman Representative Njeri Maina and MCA David Mathenge, who are seeking clarification on whether earlier orders that barred the execution of Gachagua’s Senate impeachment are still in force.
They are awaiting directions on the progress of their still-pending applications before any substantive hearing can begin.
The bench, composed of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, is expected to resolve all three issues today, in rulings that could significantly shape whether and how the Gachagua impeachment suits proceed.
