The ruling was delivered on October 22, 2024, by a bench led by Justice Eric Ogolla, which included Justices Anthony Mrima and Freda Mugambi.
Gachagua had questioned the authority of Deputy Chief Justice Philomena Mwilu to form the bench, claiming that only Chief Justice Martha Koome could do so.
However, the court ruled that Mwilu acted within her rights. Justice Mrima explained that the assignment of judges is an administrative function that can be performed by the Deputy Chief Justice when the Chief Justice is unavailable.
The court emphasized that there was no indication of wrongdoing in Mwilu's actions, and the appointment was made properly.
Gachagua's legal team had argued that the impeachment process against him was flawed and that the bench's composition was invalid.
They believed that the case should be dismissed based on these objections. Despite these claims, the judges stated that the Deputy Chief Justice has the authority to assign judges and perform necessary administrative functions.
In a related development, President William Ruto has opposed Gachagua's case, arguing that it should be handled by the Supreme Court, not the High Court.
The president's legal representatives submitted a preliminary objection, claiming that Gachagua's petition was not valid and misused court procedures.
Ruto urged the judges to reject Gachagua’s application, reinforcing the notion that the impeachment issue is beyond the High Court's jurisdiction.
This ruling is a significant blow to Gachagua, who has been fighting to overturn the decision to impeach him. His legal challenges continue, as he seeks to clear his name and return to office.
The outcome of this case will have important implications for the political landscape in Kenya, especially concerning the roles and powers of the Deputy President and the judiciary.
As the case progresses, many are watching closely to see how it will unfold and what it means for Gachagua's future in politics.
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