Kenya's highest appellate court dramatically slammed the brakes on all High Court petitions challenging former Deputy President Rigathi Gachagua's impeachment! The bombshell decision froze proceedings until judges resolved a separate explosive case Gachagua himself filed in the Court of Appeal.
High Court justices Eric Ogola, Freda Mugambi, and Antony Mrima found themselves suddenly powerless Thursday when scheduled to issue fresh directives and set a hearing date. The trio had just finished consolidating petitions and wrapping up interlocutory applications when an earth-shattering order from the Court of Appeal stopped them dead in their tracks.
Gachagua ignited this legal firestorm last year by storming the Court of Appeal, vehemently challenging the very foundation of the High Court bench. His legal team attacked the bench's legitimacy, arguing Deputy Chief Justice Philomena Mwilu—not Chief Justice Martha Koome—constituted it improperly. His appeal strikes at DCJ Mwilu's authority, asserting the Chief Justice holds exclusive, non-delegable power to form such benches.
The High Court judges initially rejected Gachagua's lawyers' desperate oral plea to halt proceedings pending appeal determination. These judges boldly declared the DCJ absolutely possessed the constitutional authority to assemble a judicial bench when the Chief Justice remained unavailable.
Heavyweight attorneys Paul Muite and Elisha Ongoya, spearheading Gachagua's defense, hammered home their position that DCJ Mwilu lacked legitimate power to constitute the bench. During last month's direction hearing, Gachagua's aggressive legal team demanded an immediate stay.
"We ask this court to stay these proceedings, giving the Court of Appeal reasonable time to hear and determine the appeal," lawyer Dudley Ochiel declared forcefully. Attorney Ndegwa Njiru amplified this urgency: "The appeal carries far-reaching implications, especially favoring us. That drives our request for the court to hold its horses!"
Opposing forces—including the National Assembly, Senate, and Attorney General—fought back ferociously. Senior Counsel Tom Ojienda, representing the Senate, demanded judges reject the application, emphasizing the Court of Appeal hadn't issued stay orders. The High Court judges subsequently crushed Gachagua's request, Justice Ogola declaring: "This court declined this application previously, and absent Court of Appeal stay orders, we deny extension!"
Everything changed Tuesday, February 25, 2025, when Appeal Judges Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott unleashed their thunderous ruling: "The judgment on two consolidated petitions matters awaits May 9, 2025. Meanwhile, High Court proceedings remain stayed pending the determination of these consolidated appeals!"
Justice Ogola previously pledged immediate compliance: "We restate our position—any time we receive a stay order, we will down our tools." The Court of Appeal has spoken, and Kenya's judicial system bows before its command—leaving Gachagua's political fate hanging precariously in the balance until next spring!
High Court justices Eric Ogola, Freda Mugambi, and Antony Mrima found themselves suddenly powerless Thursday when scheduled to issue fresh directives and set a hearing date. The trio had just finished consolidating petitions and wrapping up interlocutory applications when an earth-shattering order from the Court of Appeal stopped them dead in their tracks.
Gachagua ignited this legal firestorm last year by storming the Court of Appeal, vehemently challenging the very foundation of the High Court bench. His legal team attacked the bench's legitimacy, arguing Deputy Chief Justice Philomena Mwilu—not Chief Justice Martha Koome—constituted it improperly. His appeal strikes at DCJ Mwilu's authority, asserting the Chief Justice holds exclusive, non-delegable power to form such benches.
The High Court judges initially rejected Gachagua's lawyers' desperate oral plea to halt proceedings pending appeal determination. These judges boldly declared the DCJ absolutely possessed the constitutional authority to assemble a judicial bench when the Chief Justice remained unavailable.
Heavyweight attorneys Paul Muite and Elisha Ongoya, spearheading Gachagua's defense, hammered home their position that DCJ Mwilu lacked legitimate power to constitute the bench. During last month's direction hearing, Gachagua's aggressive legal team demanded an immediate stay.
"We ask this court to stay these proceedings, giving the Court of Appeal reasonable time to hear and determine the appeal," lawyer Dudley Ochiel declared forcefully. Attorney Ndegwa Njiru amplified this urgency: "The appeal carries far-reaching implications, especially favoring us. That drives our request for the court to hold its horses!"
Opposing forces—including the National Assembly, Senate, and Attorney General—fought back ferociously. Senior Counsel Tom Ojienda, representing the Senate, demanded judges reject the application, emphasizing the Court of Appeal hadn't issued stay orders. The High Court judges subsequently crushed Gachagua's request, Justice Ogola declaring: "This court declined this application previously, and absent Court of Appeal stay orders, we deny extension!"
Everything changed Tuesday, February 25, 2025, when Appeal Judges Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott unleashed their thunderous ruling: "The judgment on two consolidated petitions matters awaits May 9, 2025. Meanwhile, High Court proceedings remain stayed pending the determination of these consolidated appeals!"
Justice Ogola previously pledged immediate compliance: "We restate our position—any time we receive a stay order, we will down our tools." The Court of Appeal has spoken, and Kenya's judicial system bows before its command—leaving Gachagua's political fate hanging precariously in the balance until next spring!
