Appeals judges ruled Deputy Chief Justice Mwilu lacked the power to pick judges for Gachagua's impeachment cases. The three-judge panel said only the Chief Justice can assign judges under the Constitution. Gachagua's lawyers had argued against Mwilu sending files to Judges Ogola, Mrima, and Mugambi after Chief Justice Koome left the country. The high court judges had called it just an administrative duty.
The appeals court disagreed, saying modern technology means a chief justice can work from anywhere. They noted that Mwilu signed papers as Acting Chief Justice without proper authority. The ruling stated that Koome must remain reachable electronically worldwide. She never lost her position through death, removal, or resignation.
The court ordered all petitions returned to Koome, who can keep the same judges or pick new ones. She may also expand the current panel if needed. Appeals judges did reject Gachagua's claims that the original bench showed bias. They found no fairness issues with how the judges handled matters previously.
The appeals court disagreed, saying modern technology means a chief justice can work from anywhere. They noted that Mwilu signed papers as Acting Chief Justice without proper authority. The ruling stated that Koome must remain reachable electronically worldwide. She never lost her position through death, removal, or resignation.
The court ordered all petitions returned to Koome, who can keep the same judges or pick new ones. She may also expand the current panel if needed. Appeals judges did reject Gachagua's claims that the original bench showed bias. They found no fairness issues with how the judges handled matters previously.
