Former Deputy President Rigathi Gachagua has received a major boost after the court on Friday ruled that Deputy Chief Justice (DCJ) Philomena Mwilu had no powers to appoint a bench of judges to hear petitions challenging his removal.

Mr Gachagua was impeached in October 2024 and subsequently replaced by Prof Kithure Kindiki, a politician from his backyard of the Mountain region.

Court of Appeal judges Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott held that the duty to empanel a bench is reserved for the Chief Justice by the Constitution, and assigning judges was not one of the administrative duties that the CJ can allocate or pass over to the DCJ.

Current CJ is Martha Koome.