High Court Sets Date for Mention of Petition Challenging Rigathi Gachagua’s Impeachment Process

NAIROBI, Kenya —The High Court in Nairobi has scheduled a January 2025 hearing to address a petition challenging the impeachment process of former Deputy President Rigathi Gachagua.

The petitioners had requested that the High Court wait for a pending decision from the Court of Appeal before proceeding.

The Court of Appeal is set to rule on a case in which Gachagua argues against Deputy Chief Justice (DCJ) Philomena Mwilu’s decision to establish a three-judge bench overseeing his case, claiming that the move violated the Constitution.

In response, the High Court has allowed petitioners to amend and refile their petition within 30 days, with directions set for January 23, 2025.

In a recent appeal hearing, Gachagua urged the court to prioritize his case, emphasizing its national significance and public interest.

Presided over by Justices Patrick Kiage, Aggrey Muchelule, and George Odunga, the Court of Appeal set the hearing date for December 20, 2024, ahead of the High Court’s January proceedings.

Gachagua argued that DCJ Mwilu should not have appointed the bench, asserting that only Chief Justice Martha Koome holds that authority.

He has also challenged the validity of the bench’s decision to lift conservatory orders, which enabled his replacement by Prof. Kithure Kindiki as Deputy President.

In the ongoing legal battle, Gachagua has withdrawn parts of his appeal, acknowledging that certain elements have been rendered moot following Kindiki’s formal swearing-in as Deputy President.

This petition, however, remains a critical avenue for Gachagua as he contests what he describes as an unconstitutional process.