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Originally published by Nation Politics
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politics
January 28, 2026
1mo ago

Supreme Court to rule on Gachagua, Mwilu dispute on ouster

Supreme Court to rule on Gachagua, Mwilu dispute on ouster

Judges to decide if Mwilu overstepped in Gachagua impeachment case...

✨ Key Highlights

The Supreme Court of Kenya is set to deliver a crucial ruling tomorrow, Friday, regarding the impeachment case of former Deputy President Rigathi Gachagua. This decision will clarify the constitutional boundaries of judicial authority, specifically concerning Deputy Chief Justice Philomena Mwilu's power to empanel judges.

  • The case challenges a Court of Appeal ruling that found Deputy Chief Justice Mwilu exceeded her authority by constituting an expanded High Court bench without exceptional circumstances.
  • Kenya's National Assembly petitioned the Supreme Court to overturn the appellate decision and validate Mwilu's actions, while Mr. Gachagua filed a cross-appeal pushing for dismissal of Parliament’s case.
  • The outcome will impact Mr. Gachagua’s impeachment challenge and could redefine the roles of the Chief Justice and Deputy Chief Justice in empanelling judicial benches.

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Part of the Day's Coverage

Supreme Court Ruling on Gachagua's Ouster Amid Probes into Violent Attacks - January 2026

The Supreme Court of Kenya is set to deliver a ruling regarding the impeachment case of former Deputy President Rigathi Gachagua, which will clarify the constitutional boundaries of judicial authority. Concurrently, the United Opposition has requested a meeting with Inspector-General of Police Douglas Kanja to address what they claim are 24 attacks targeting their leaders since November 2024, with Gachagua cited as the primary victim. In one recent incident, Gachagua and worshippers were forced to flee a church in Nyeri due to the firing of live bullets and tear gas. Murang'a Woman Representative Betty Maina has denied any involvement in the church attack. Maina instead blamed Gachagua's Democracy for Citizens Party (DCP) for instigating the chaos.

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