Gachagua’s Impeachment: Where is Chief Justice Martha Koome?.

The fate of impeached Deputy President Rigathi Gachagua now hangs in the balance, with the courts holding the final say after both the National Assembly and Senate voted to remove him from office.

Ahead of these developments, 29 petitions had been filed in the High Court seeking to halt Gachagua’s impeachment. However, on Wednesday, October 16, 2024, a three-judge bench declined to stop the process. Gachagua was subsequently impeached by the Senate the following day, though he fell ill just before he could testify in his defense.

As events unfolded rapidly, President William Ruto nominated Interior Cabinet Secretary Kithure Kindiki as the new deputy president on Friday morning. The National Assembly swiftly approved his nomination. Yet, on the same day, High Court Judge Chacha Mwita issued conservatory orders preventing the seat from being filled, citing the urgency and weight of the case. He ordered that the resolution upholding Gachagua’s impeachment, including the appointment of a replacement, be stayed until further court proceedings.

“This matter raises substantial questions of law and public interest,” Justice Mwita noted. He also directed that the case be heard by a bench appointed by Chief Justice Martha Koome.

However, on Tuesday, October 22, 2024, it emerged that Deputy Chief Justice Philomena Mwilu, not Koome, had appointed the bench of three judges—Eric Ogolla, Anthony Mrima, and Freda Mugambi—on Friday night. This prompted a heated exchange in court. Gachagua’s lawyers, Ndegwa Njiru and Paul Muite, questioned the legality of the bench’s empanelment, arguing that the Deputy Chief Justice acted without Koome’s consent.

Muite raised significant concerns: “The orders were given at 4 pm. When did the file move from Kirinyaga to the Deputy Chief Justice’s desk? When did the DCJ convene a bench in the middle of the night? We are not only addressing the removal of a deputy president but also future Presidents.”

On the other hand, lawyers for the National Assembly and the Senate defended Mwilu’s actions, asserting that as Koome’s legal deputy, she had the authority to appoint the bench in her absence.

As these legal arguments played out, the case was temporarily halted to allow Gachagua’s team to file a petition seeking clarification on whether the bench was correctly empanelled. This has thrown the court case—and Gachagua’s future—into further uncertainty.

While the courtroom drama has unfolded, Chief Justice Martha Koome, the head of the judiciary, has remained notably absent from the public eye in relation to this high-profile case. From the time of Gachagua’s impeachment to Tuesday, October 22, 2024, Koome made three posts on her X account, none of which addressed the matter at hand.

Instead, her posts focused on unrelated issues, including the deaths of two resident magistrates and a message for Mashujaa Day. Koome’s absence from the Mashujaa Day celebrations in Kwale, where President Ruto led the nation, further fueled speculation about her current role in this critical judicial process.

Her Mashujaa Day message online, which highlighted Kenya’s heroes and their contributions to the nation, made no mention of the ongoing political and legal turmoil gripping the country. This silence has raised questions about her stance in the Gachagua case and her apparent detachment from the critical events unfolding in the judiciary.

Amid the Chief Justice’s silence, President Ruto has joined the impeachment fray. On Tuesday, he filed a preliminary objection against the High Court cases, arguing that only the Supreme Court has jurisdiction to hear such petitions. Through his lawyer, Adrian Kamotho, Ruto urged the court to dismiss the case, calling it an “abuse of the due process of court.”

Ordinarily, Chief Justice Koome would oversee the swearing-in of the new deputy president, should the court lift the stay orders. Yet, her absence from these proceedings and her decision to delegate the empanelment to her deputy, Philomena Mwilu, has left many wondering: where is Chief Justice Martha Koome during one of the most significant constitutional crises in Kenya’s recent history?

As the case continues, the judiciary’s handling of this matter will undoubtedly shape not only Gachagua’s fate but also perceptions of the independence and leadership within Kenya’s legal system. Whether Koome steps into the spotlight or remains on the sidelines, her role—or lack thereof—will have lasting implications for the country’s political landscape.

Article By Suzy Nyongesa.