Chief Justice Martha Koome on Tuesday, October 22, 2024, spoke on the impeachment case of former Deputy President Rigathi Gachagua while on a tour of the Makadara Law Courts.

In her interaction with members of the public who had camped at the courts to seek justice, Koome was asked what would become of the case, but she casually remarked that it was yet to reach her desk.

“Haijafika kwangu,” she replied as she walked on.

This is the first public appearance that Koome made following the impeachment of Gachagua at the Senate and the successive petitions that came after.

Three-judge bench

On Tuesday, October 22, 2024, lawyers spent the day arguing on the legality of a three-judge bench consisting of Justices Fred Ogolla, Freda Mugambi and Anthony Mrima, who, as it later emerged, were empanelled by Deputy Chief Justice Philomena Mwilu in the absence of Koome.

Gachagua’s lawyers argued that Mwilu lacked the legal capacity to constitute the bench and that the judges could not hear and determine their petitions.

The respondents’ lawyers, however, told the court that Mwilu was the Deputy for the Chief Justice and it was in her capacity to assist Koome as appropriate.

Ruto joins case

In a petition filed on behalf of President William Ruto by lawyer Adrian Kamotho at the Kirinyaga Law Court, Kamotho challenged the conservatory orders issued to stop Ruto from appointing Gachagua’s replacement and barring Kithure Kindiki from assuming the office of the Deputy President.

In his plea, Kamotho observed that the Kirinyaga Court lacked the jurisdiction to preside over the matter, noting that the matter could only be challenged as a presidential election petition at the Supreme Court.

Since Gachagua was officially impeached on October 17, 2024, at the Senate, his lawyers have managed to file at least 29 petitions challenging every step the executive makes to finalise the transition.

On Sunday, October 20, 2024, Gachagua who had been taken ill at the Karen Hospital made his first public appearance since Thursday, October 17, 2024, saying that he was still the deputy president.

Gachagua allayed reports that his sickness was a gimmick, noting that he was prepared to face his accusers at the Senate when he experienced a sharp pain in the chest followed by shortness of breath.

“As we speak I’m okay, but a little bit weak, but I feel better. The intense pain has gone away, what is there is very little pain that will go away in a month,” Gachagua told reporters at the Karen Hospital on Sunday.