Malala Says Gachagua Still Kenya’s Deputy President
Cleophas Malala, a former Kakamega senator, has claimed that Rigathi Gachagua remains Kenya’s legal Deputy President following Friday’s Court of Appeal decision.
Malala applauded the decision, which concluded that Deputy Chief Justice Philomena Mwilu acted unconstitutionally by creating a three-judge court to hear Gachagua’s impeachment case.
The appeal court further instructed that the matter be referred to the Chief Justice, who has the exclusive authority to appoint a bench to hear and decide such cases.
Mwilu appointed Justices Eric Ogolla, Anthony Mrima, and Freda Mugambi to hear the matter.
Gachagua impeachment case:
— Citizen TV Kenya (@citizentvkenya) May 9, 2025
Win for Gachagua as Court of Appeal overrules DCJ Mwilu
Judges rule: DCJ Mwilu lacks the authority to appoint a bench
Mwilu had appointed a 3-judge bench to hear Gachagua’s petition#CitizenFridayNight @OBurrows pic.twitter.com/FF0OJY9mDT
This decision prompted Gachagua’s legal team to challenge it as unconstitutional, claiming that only the Chief Justice has the jurisdiction to make such appointments.
In his statement, Malala emphasized that Justice Richard Mwongo’s conservatory orders, which halted the impeachment and barred Interior Cabinet Secretary Kithure Kindiki from assuming the deputy presidency, are legitimate and binding.
“In effect, Rigathi Gachagua remains the legitimate Deputy President of the Republic of Kenya,” Malala declared, framing the matter as one of constitutional fidelity rather than political maneuvering.
Press Statement.
— Cleo Malalah (@Cleophasmalala) May 10, 2025
”In light of the Court of Appeal's ruling affirming the constitutionality of Rigathi Gachagua’s position as Deputy President, mine is a bold call for institutional reset, constitutional order, and the need for fresh Presidential legitimacy.#SteppingForward pic.twitter.com/w14EIzBroS
On Friday, a three-judge bench of the appeal court presided over by Justices Daniel Musinga (president), Mumbi Ngugi, and Francis Tuiyott, held that only the Chief Justice has a constitutional obligation to appoint judges.
The result came after Gachagua’s lawyers filed an appeal disputing Mwilu’s decision to submit files to the bench for hearing as consolidated petitions challenging Gachagua’s impeachment in October of last year.
The bench had initially been constituted by Chief Justice Martha Koome.
However, more petitions were filed as the impeachment process progressed, culminating in the Senate approval of the impeachment motion from the National Assembly.
More applications were filed in the High Court in Kerugoya, and orders were made to prevent then-Deputy President nominee Kithure Kindiki from being sworn in.
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There were also regulations prohibiting President William Ruto from appointing Gachagua’s replacement as Deputy President after his impeachment.
The papers containing those orders were forwarded to the Chief Justice for the formation of a bench.
However, because Chief Justice Martha Koome was out of the country at the time, her deputy, Mwilu, sent the papers to the Justice Ogola-led bench.
Gachagua’s lawyers appealed the judgment, claiming that Mwilu lacked the authority to remand the files to the bench.
Malala Says Gachagua Still Kenya’s Deputy President
