High Court adjourns Gachagua case pending CJ Koome’s direction
High Court adjourns Gachagua case pending CJ Koome's direction
The High Court has postponed proceedings in the constitutional petition involving former Deputy President Rigathi Gachagua, following a Court of Appeal decision that invalidated the constitution of the bench originally assigned to hear the case.
The petition, filed as Bench Petition No. E565 of 2024, was scheduled for May 15, 2025.
However, in a notice issued by Assistant Deputy Registrar Hon. Beja Nduke, all parties were informed that the matter has been adjourned pending further directions from the Chief Justice.
“Kindly take notice that following the Court of Appeal judgment delivered on 9/5/2025 in Civil Appeal No. E829 of 2024, this matter… stands adjourned pending directions by the Honourable Chief Justice in line with the Court of Appeal decision,” the notice read.
The development comes after the Court of Appeal last week overturned Deputy Chief Justice Philomena Mwilu’s October 18, 2024 decision to appoint a three-judge bench to preside over the case.
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The appellate court ruled that only the Chief Justice has the constitutional authority to appoint a bench in such matters.
The matter had already been referred to the bench appointed by DCJ Mwilu, which included Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi.
However, Gachagua’s legal team successfully challenged the decision, claiming it was unconstitutional and procedurally flawed.
In its May 9 decision, the Court of Appeal directed that the matter be referred to Chief Justice Martha Koome for appropriate action, effectively halting the proceedings until a properly constituted bench is appointed.
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