Chief Justice Martha Koome has reconstituted a three-judge bench to hear constitutional petitions challenging the controversial impeachment of former Deputy President Rigathi Gachagua. This move follows a May 9 ruling by the Court of Appeal, which quashed an earlier decision by Deputy Chief Justice Philomena Mwilu to appoint a similar bench.

The new bench comprises Justices Eric Ogola (presiding), Anthony Mrima, and Dr. Freda Mugambi. The petitions, including one filed by Gachagua himself, question the constitutional validity of the impeachment process, particularly the adequacy of public participation and the fairness of the proceedings. The High Court had previously agreed with Gachagua’s legal team that the issues raised were significant constitutional matters

The Court of Appeal’s decision emphasized that the Chief Justice alone has the constitutional authority to empanel a bench for constitutional matters, as stipulated in Article 165(4) of the Constitution. The appellate court found that Deputy Chief Justice Mwilu had acted beyond her powers in assigning the bench.

The reconstituted bench is now set to hear the petitions, which have garnered significant public interest due to the unprecedented nature of the case. The outcome of these proceedings could set important precedents for future impeachment processes in Kenya.