The Supreme Court of Kenya dismissed preliminary applications filed by both former Deputy President Rigathi Gachagua and the National Assembly, clearing the way for a substantive hearing on his impeachment battle.
The ruling, delivered by a five-judge bench, included the following key determinations:
- Jurisdiction Over High Court: The apex court ruled that it lacks the jurisdiction to stay proceedings currently before the High Court, affirming that such orders can only be issued for matters before the Court of Appeal.
- National Assembly Application: The court rejected the National Assembly’s bid to summarily strike out Gachagua’s cross-appeal, stating the issues raised—including judicial bias—deserve a full hearing on their merits.
- Gachagua Omnibus Application: The court dismissed Gachagua’s request to strike out the National Assembly’s appeal and his attempt to expunge certain documents from the record, finding those materials central to the dispute.
- Return to High Court: This decision means the legal challenge now returns to the three-judge High Court bench (Justices Eric Ogola, Anthony Mrima, and Frida Mugambi) to continue with the consolidated petitions.
The substantive issue remains whether Deputy Chief Justice Philomena Mwilu acted within her constitutional authority when she empanelled the High Court bench in the absence of Chief Justice Martha Koome
