Africa-Press – Kenya. Former Kakamega senator Cleophas Malala has stated that Rigathi Gachagua remains the legitimate Deputy President of Kenya following Friday’s Court of Appeal verdict.
Malala lauded the ruling, which found that Deputy Chief Justice Philomena Mwilu acted unconstitutionally in appointing a three-judge bench to preside over Gachagua’s impeachment case.
The appellate court further directed that the matter be referred to the Chief Justice, who holds the exclusive mandate to empanel a bench to hear and determine such matters.
Mwilu appointed Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to hear the case, an action Gachagua’s legal team challenged as unconstitutional, arguing that only the Chief Justice has the authority to make such appointments.
In his statement, Malala emphasised that the conservatory orders issued by Justice Richard Mwongo — halting the impeachment and barring Interior Cabinet Secretary Kithure Kindiki from assuming the deputy presidency — remain valid and binding.
“In effect, Rigathi Gachagua remains the legitimate Deputy President of the Republic of Kenya,” Malala declared, framing the matter as one of constitutional fidelity rather than political maneuvering.
A three judge bench of the appellate court presided over by Justices Daniel Musinga (president), Mumbi Ngugi and Francis Tuiyott on Friday ruled that assigning judges is a constitutional duty of only the Chief Justice.
The ruling followed an appeal filed by Gachagua’s lawyers challenging the decision by Mwilu to remit files to the bench of Judges Eric Ogola (presiding), Antony Mrima and Freda Mugambi to hear as consolidated petitions that challenged Gachagua’s impeachment in October last year.
The bench had initially been constituted by Chief Justice Martha Koome.
However, more petitions were filed as the impeachment process progressed, culminating in the Senate approval of the impeachment motion from the National Assembly.
More petitions were then filed in the High Court in Kerugoya, including where orders were issued stopping then Deputy President nominee Kithure Kindiki from being sworn in.
There were also orders stopping President William Ruto from appointing Gachagua’s replacement as Deputy President following his impeachment.
It is the files containing those orders that were referred to the Chief Justice for empanelment of a bench.
However, given that Chief Justice Martha Koome was out of the country at the time, her deputy, Mwilu remitted the files to the Justice Ogola-led bench.
Gachagua’s lawyers contested that decision, arguing that Mwilu did not have power to remit the files to the bench.
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