High Court cases filed by former Deputy President Rigathi Gachagua will have to await determinations by the superior courts.

During the mention on January 27, 2026, a three-judge bench led by Justice Erick Ogola was told that the matters before it cannot proceed as there are pending decisions before both the Supreme Court that directly affect the constitution of the bench. 

” Supreme Court is going to render a decision of this bench on 30th January,” court was told 

Justice Ogola was told that the Supreme Court is scheduled to render its decision on January 30, a ruling that will determine whether the current High Court bench is constitutional.

 The court heard that the Supreme Court’s pronouncement is central to the dispute and will guide whether the High Court can lawfully continue handling the cases.

In response, Justice Ogola  directed that the matters be mentioned on February 10, after the Supreme Court delivers its decision, for further directions.

The cases arise from petitions filed by  Gachagua challenging various actions taken during and after his tenure as Deputy President. 

The outcome of the supreme decision is expected to determine whether the High Court bench will resume or be reconstituted.