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Originally published by Capital News
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May 12, 2026
2h ago

Gachagua Moves to Supreme Court to Strike Out Appeal on Impeachment Bench

Gachagua Moves to Supreme Court to Strike Out Appeal on Impeachment Bench

Gachagua argues that the appeal has already been overtaken by events and no longer raises a live constitutional dispute, rendering it moot and non-justiciable. - Kenya breaking news | Kenya news today | Capitalfm.co.ke..

✨ Key Highlights

Former Deputy President Rigathi Gachagua has asked the Supreme Court to dismiss an appeal challenging the constitutionality of the High Court bench handling his impeachment petitions.

  • The appeal is considered moot and non-justiciable because the bench has already been reconstituted by Chief Justice Martha Koome and all parties have participated in proceedings.
  • The appeal stems from efforts to impeach Gachagua, with cases pending in the High Court in Nairobi and Kerugoya.
  • Gachagua's legal team argues that the Deputy Chief Justice's authority to empanel benches was settled after a Court of Appeal ruling on May 9, 2025, which directed the Chief Justice to form the bench.

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