Rigathi Gachagua just pulled a power move at the Supreme Court — arguing that his whole bench empanelment case is already dead and buried, kumbe the Chief Justice already sorted it out. Aki, the man is basically saying "why are we still fighting over this when we've moved on?" and honestly, it's either genius chess or desperate damage control.

The Plot Twist Nobody Saw Coming

So here's the tea: Gachagua's lawyers are telling the Supreme Court that the entire appeal about whether judges were assigned correctly to hear his impeachment case is now moot — meaning it's old news, sawa? The Court of Appeal already killed the Deputy Chief Justice's original bench setup back on May 9, and Chief Justice Martha Koome came through with a fresh three-judge panel. Everyone's already submitted their cases, argued extensively, and the machine is running smoothly. So why, Gachagua's asking, should the Supreme Court even bother stepping in?

It's a calculated move, ndio sawa. By saying the matter is overtaken by events and no longer a live constitutional dispute, he's essentially telling the apex court: "Watu, you'll just be giving opinions on dead issues." Smart or sneaky? Depends on which side you're on, lakini the legal gymnastics are definitely impressive.

The Constitutional Showdown Nobody Expected

But wait — there's more layers here than a mandazi. Gachagua's alternate argument is that even if the Supreme Court wanted to rule, they should side with the Court of Appeal's finding that only the Chief Justice has the real power to empanel judges for constitutional cases under Article 165(4). The Deputy Chief Justice can only step in during extraordinary situations — we're talking death, resignation, or removal of the Chief Justice. Not just "oops, I felt like assigning judges today" vibes.

The legal team is also arguing that empaneling judges isn't some simple administrative task you can delegate like sending a memo. Nah, it's a serious judicial function anchored in the Constitution itself. This whole thing has been giving high-stakes constitutional drama since Gachagua's impeachment kicked off, and every layer reveals deeper questions about who actually runs the judiciary.

🗣️ What Kenya Is Saying

"Gachagua is playing 4D chess at this point," legal observers are muttering in courthouse corridors. "He's basically asking the Supreme Court to mind their business and let the case proceed peacefully." But not everyone's convinced — critics argue he's trying to avoid getting a ruling that could haunt him later.

"This is classic litigation strategy," constitutional law enthusiasts are debating on Twitter X. "Kill the appeal before it becomes a precedent." Aki, whether it's genius or desperation, one thing's certain: the legal theater is far from over.

The Jukwaa Take: Gachagua's basically saying "let sleeping dogs lie" to the Supreme Court, but in Kenya's legal system, those dogs have a way of waking up and biting you when you least expect it — sawa?

📰 Source: Capital FM Kenya