High Court Upholds Gachagua Impeachment in Major Legal Blow
Rigathi Gachagua has suffered a major legal setback after the High Court upheld his October 2024 impeachment, ruling that both the National Assembly of Kenya and the Senate of Kenya acted within the Constitution in removing him from office.
In a landmark judgment delivered at the Milimani Law Courts, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi found that Parliament followed all constitutional and procedural requirements during the impeachment process.
The ruling officially validates Kenya’s first impeachment of a sitting Deputy President and cements Gachagua’s removal from office.
The judges dismissed claims that the process was unconstitutional, irregular, or procedurally flawed, holding that both Houses of Parliament adhered to their standing orders and constitutional mandates while considering and determining the charges against him.
The court also rejected arguments challenging the adequacy of public participation, stating that Parliament had provided sufficient opportunities for citizens to submit their views and had met the constitutional threshold required for public involvement.
While the bench noted that Parliament should consider enacting a specific legal framework governing the removal of a Deputy President under Article 150 of the Constitution, the judges ruled that the absence of such legislation did not invalidate the impeachment process since the Constitution already provides sufficient guidance.
The judgment further dealt a blow to Gachagua’s demand for more than Sh80 million in compensation. Prior to the ruling, the former Deputy President had abandoned efforts to reclaim his position and instead sought damages covering salaries, gratuities, and allowances he claimed he would have earned for the remainder of his term.
Although Gachagua did not attend the delivery of the judgment in person, his legal team was present in court during the proceedings.
The former Deputy President has already indicated that he intends to challenge the decision at the Court of Appeal, setting the stage for another high-profile legal battle over one of Kenya’s most consequential political impeachments in recent history.
