Former Deputy President Rigathi Gachagua has moved to the Supreme Court, seeking the dismissal of an appeal that challenges how the judicial bench for his impeachment petitions was selected. In his submissions, Gachagua argues that the legal battle is now a dead end because recent developments have made the dispute irrelevant.
He contends that the debate over whether Deputy Chief Justice Philomena Mwilu had the authority to empanel a bench under Article 165(4) of the Constitution is no longer a “live controversy.” Gachagua maintains that the court should not spend time on issues that cannot change the current reality of the case.
“The determination would have no impact on the lives or interests of parties,” he stated in his May 11, 2026, filing.
The crux of his argument rests on a previous victory at the Court of Appeal. That court already set aside the Deputy Chief Justice’s original appointments and ordered Chief Justice Martha Koome to personally form a new bench. Because the judiciary has already corrected the procedural path, Gachagua believes the current appeal serves no practical purpose for the legal system.
Following the appellate court’s directive on May 9, 2025, Chief Justice Martha Koome appointed a fresh three-judge bench consisting of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi to preside over the consolidated petitions. Gachagua informed the Supreme Court that all involved parties have already accepted this new bench’s jurisdiction, having filed their documents and presented substantial arguments.
The legal process is moving forward rapidly. Gachagua noted that the current bench is already scheduled to oversee the cross-examination of Dr. Daniel Gikonyo. This testimony centers on Gachagua’s reported hospitalization during the critical moments of his impeachment in October 2024.
Gachagua warns that any interference with the bench at this advanced stage would serve only to stall the proceedings. He believes such a move offers no real benefit to anyone involved.
“The question of bench composition is moot and no longer a live dispute between the parties,” he argues.
To support his position, the former deputy president cited established Supreme Court precedents regarding the doctrine of mootness. He maintains that the judiciary must avoid wasting resources on disputes that have been overtaken by events or no longer hold any practical legal significance.
Gachagua maintains that the appeal fails to raise a genuine controversy since the judiciary already reconstituted the bench and active proceedings are currently underway. He insists that the public interest now favors maintaining the stability of the current bench to ensure the petitions reach a timely conclusion.
In a secondary argument, Gachagua defended the Court of Appeal’s ruling that the authority to empanel a bench under Article 165(4) belongs exclusively to the Chief Justice. He agrees that the deputy chief justice should only exercise this power under truly exceptional circumstances.
However, he took issue with how the appellate court described this responsibility. While the court labeled empaneling a bench as an administrative task, Gachagua argues it is actually a judicial constitutional mandate. He warned that allowing both the chief justice and the deputy chief justice to exercise these powers simultaneously would invite institutional chaos and lead to conflicting appointments within the judiciary.
The legal battle reached the apex court after the National Assembly appealed the Court of Appeal’s decision to strike down the bench originally formed by Deputy Chief Justice Philomena Mwilu. Gachagua has now called on the Supreme Court to dismiss the National Assembly’s challenge, arguing it is either irrelevant due to timing or fundamentally flawed on its merits.
The post Gachagua Tells Supreme Court: This Fight Is Over, Drop the Appeal appeared first on Bossnana.
