NAIROBI, Kenya – Former Deputy President Rigathi Gachagua appeared at the Milimani Law Courts on Monday, April 27, 2026, marking the opening of his impeachment challenge.
The Democracy for the Citizens Party (DCP) leader arrived at the court accompanied by his wife Dorcas Rigathi, his two sons, and his legal team.
The case is set before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to give directions on pending applications and hear submissions on the substantive petition challenging his removal from office.
Gachagua has moved to court contesting the legality and constitutionality of the impeachment process that led to his ouster as Deputy President, arguing that the proceedings were fundamentally flawed.
He maintains that the process was characterised by procedural irregularities, violations of constitutional safeguards, and denial of his right to a fair hearing.
The petitions also interrogate actions taken during and after his tenure, with his legal team arguing that aspects of the proceedings were politically engineered and lacked legal grounding.
Multiple parties have filed applications in the matter, including requests for conservatory orders, responses from state agencies, and submissions touching on parliamentary authority, the role of the Senate, and the constitutional threshold required for impeachment.
At the heart of the dispute are broader constitutional questions on the removal of a Deputy President, the doctrine of separation of powers, and the extent of judicial oversight over parliamentary processes.
Speaking in Mombasa on Sunday, Gachagua projected confidence in his legal challenge, insisting he has built a strong case and expressing faith in the Judiciary.
“I will be in court from tomorrow to Wednesday to file a petition challenging that illegal process. I told my children about it and they opposed it saying I faced humiliation,” he said.
The matter stems from petitions challenging various actions taken during and after his tenure, with several interlocutory applications already filed in court.
On May 9, 2025, the Court of Appeal set aside a decision by Deputy Chief Justice Philomena Mwilu made on October 18, 2024, which had constituted a three-judge bench to hear an earlier petition challenging Gachagua’s removal.
DCJ Mwilu had appointed the bench, a move that Gachagua’s legal team contested, arguing that only the Chief Justice has the constitutional mandate to make such appointments.
Following that ruling, the High Court postponed further proceedings in the constitutional petition pending resolution of the appellate issues.
Gachagua was impeached in October 2024, becoming the first Deputy President in Kenya’s history to be removed from office through impeachment, and has since alleged that bribery influenced the proceedings in both the National Assembly and the Senate.
