NAIROBI, Kenya – Deputy President Rigathi Gachagua has suffered a legal setback after the High Court in Nairobi on Tuesday rejected his bid to stop the Senate from proceeding with his impeachment.
This ruling paves the way for the Senate to hear the impeachment motion, scheduled for Wednesday and Thursday.
Justice Chacha Mwita of the Milimani Law Courts ruled that the impeachment process should be allowed to proceed to its conclusion, affirming that the Senate has the constitutional mandate to hear such motions.
The Deputy President, therefore, will have to defend himself against the accusations leveled against him, as the Senate prepares to deliberate on his potential removal from office.
In his ruling, Justice Mwita declined to issue a conservatory order that would have halted the Senate proceedings.
He also referred the case to Chief Justice Martha Koome, recommending that a three-judge bench be appointed to hear the broader constitutional issues raised in the petition.
“The prayer for a conservatory order is declined,” Mwita said. “However, in light of the legal and public interest questions raised, I certify this petition as raising substantial issues under Article 165 (4) of the Constitution. The Chief Justice will appoint an uneven number of judges to hear this matter.”
Justice Mwita further suggested that the petition be consolidated with a related case, Petition E522/2024, which also challenges the constitutionality of Gachagua’s impeachment.
A three-judge bench, already appointed by CJ Koome and led by Justice Erick Ogola, alongside Justices Antony Mrima and Dr. Frida Mugambi, is currently hearing five similar petitions related to the impeachment.
Gachagua’s legal team, led by Senior Counsel Paul Muite, has argued that the impeachment process is flawed, citing a lack of public participation as one of the key grounds for challenging its validity.
However, with the court’s refusal to block the Senate from proceeding, the Deputy President will now have to face the accusations head-on.
The Senate’s impeachment hearings will be closely watched, as they present a critical moment in the Deputy President’s political career, with the potential to reshape Kenya’s political landscape.
This latest development is yet another blow to Gachagua, who has been embroiled in a series of legal battles. His political future now hinges on the Senate’s decision in the coming days.
