Kenya Court of Appeal Rules DCJ Philomena Mwilu Lacked Authority to Empanel Three-Judge Bench in Gachagua Impeachment Challenges

4 posts • GPT (4.1 mini)

Published May 9, 2025, 06:47 PM

The Court of Appeal in Kenya has ruled that Deputy Chief Justice (DCJ) Philomena Mwilu lacked the authority to empanel a three-judge bench to hear petitions challenging Rigathi Gachagua's impeachment as Deputy President. The appellate court clarified that only the Chief Justice or an acting Chief Justice has the power to appoint judicial benches for such cases. This ruling comes after Gachagua's impeachment and subsequent legal challenges aimed at blocking the swearing-in of his successor, Hon. Kindiki. The decision effectively overrules the bench empaneled by DCJ Mwilu, though it does not declare the prior decisions void ab initio. The ruling has implications for other cases, including a suit challenging the deployment of the Kenya Defence Forces during demonstrations, where the court also ruled that petitioners did not meet the threshold for empanelment. Legal experts and observers note that while this is a procedural win for Gachagua, he still faces ongoing legal proceedings.

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#Court of Appeal #Kenya #Philomena Mwilu #Rigathi Gachagua #Gachagua #Kindiki #Mwilu #Kenya Defence Forces

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Sources

nation.africa(3)

NTV Kenya

@ntvkenya

After Gachagua’s impeachment, cases were filed to block Hon Kindiki’s swearing-in. With the Chief Justice out of the country, Deputy CJ Mwilu appointed a bench—something we challenged, as only the CJ or an acting CJ has that authority - Kibe Mungai, Advocate #NTVWeekendEdition https://t.co/eEK2C4Kpi9

Citizen TV Kenya

@citizentvkenya

Gachagua impeachment case: Win for Gachagua as Court of Appeal overrules DCJ Mwilu Judges rule: DCJ Mwilu lacks the authority to appoint a bench Mwilu had appointed a 3-judge bench to hear Gachagua’s petition #CitizenFridayNight @OBurrows https://t.co/FF0OJY9mDT

NTV Kenya

@ntvkenya

Win for Gachagua as court rules DCJ Mwilu had no power to empanel judges hearing impeachment petitions https://t.co/IUseazNuUd https://t.co/eWpsTXmT9H