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The Court of Appeal has delivered a significant ruling affirming that Deputy Chief Justice Philomena Mwilu acted outside her constitutional mandate when she empaneled a bench to hear petitions challenging the impeachment of Deputy President Rigathi Gachagua.
In a strongly worded decision, the appellate judges held that only the Chief Justice holds the authority to constitute benches of the High Court or the Court of Appeal in matters of national importance, including constitutional petitions.
The case stemmed from a controversial move in which DCJ Mwilu, while acting in an administrative capacity, assigned judges to hear petitions filed after Parliament passed a motion to impeach Gachagua. The petitions sought to challenge both the legality and process of the impeachment.
However, the Court of Appeal emphasized that the Constitution vests the power to empanel such judicial benches solely in the Chief Justice — a role currently held by Justice Martha Koome. The judges ruled that Mwilu’s actions, though possibly well-intentioned, lacked legal backing and undermined established judicial procedures.
“The Constitution is clear on who holds the power to assign judges in matters of constitutional significance,” the ruling stated. “This responsibility is reserved exclusively for the Chief Justice, and any action taken outside this framework is unlawful and invalid.”
The ruling is expected to have far-reaching implications for the judiciary and reinforces the principle of separation of powers within judicial administration. Legal experts say the judgment affirms the importance of due process even within internal court operations.
Deputy President Gachagua’s legal team welcomed the decision, calling it a vindication of the rule of law. “This ruling confirms what we have said from the beginning — that the Constitution must be followed to the letter, regardless of the personalities involved,” a spokesperson said.
The Judiciary has yet to issue a formal response, but sources indicate the ruling will prompt a review of internal administrative protocols to ensure adherence to constitutional guidelines in the future.
This development comes amid heightened political and legal tensions surrounding the Deputy President’s future in office. The ruling may lead to a fresh hearing of the petitions under a properly constituted bench appointed by the Chief Justice.
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