The High Court in Nairobi on Thursday October 31, 2024, led by the three-judge bench consisting of Justices Eric Ogolla, Anthony Mrima, and Fridah Mugambi, rejected President William Ruto’s request to have the case surrounding the impeachment of former Deputy President Rigathi Gachagua transferred to the Supreme Court.

The decision underscores the Judicial process in the scrutiny of high-ranking government officials and the separation of powers within Kenya’s legal frame.

The three-judge panel decided that the High Court was competent to hear the matter.

Justice Fridah Mugambi asserted that the High Court, like the Supreme Court, had equal authority to decide the matter because the hearing of the petition contesting the deputy president’s impeachment constituted a constitutional procedure.

The ruling came after a prolonged legal standoff, with President Ruto contending that the Supreme Court was better suited to handle the case due to its national implications and political significance.

“It is undisputed that the impeachment of the deputy president is a constitutional process & the authority to determine whether the merits and procedure of such impeachment process falls squarely within the jurisdiction of the High court,” Justice Fridah Mugambi said.

“The jurisdiction to hear disputes arising from the impeachment of a president and deputy president does not lie with the Supreme Court within the realm of original and exclusive jurisdiction.

We do hereby find and hold that this court has the jurisdiction to sit and determine the matter that is before it.”

His legal team argued that the Supreme Court would provide an expedited resolution, given the gravity of the case and the stature of the parties involved.

However, the High Court dismissed this line of reasoning emphasizing that all legal matters must adhere to the jurisdictional process stipulated under the Kenyan law.

The judges noted that transferring this case to the Supreme Court would disrupt the established judicial hierarchy.