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Originally published by Nation Politics
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politics
January 28, 2026
3h 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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