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Supreme Court to Rule on Gachagua Impeachment Case Friday

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NAIROBI, Kenya — The Supreme Court is set to deliver its ruling on Friday in the impeachment case involving former Deputy President Rigathi Gachagua, a decision expected to carry far-reaching legal and political consequences.

Gachagua was removed from office in October 2024 following impeachment proceedings, a process that immediately triggered legal challenges over its constitutionality and the role of the courts in reviewing impeachment disputes.

At the heart of the case is whether a three-judge High Court bench chaired by Justice Erick Ogola was properly constituted to hear and determine litigation arising from the impeachment.

The Supreme Court is expected to clarify whether the bench had the legal authority to preside over the matter and issue binding decisions.

DCP party leader Rigathi Gachagua.
DCP party leader Rigathi Gachagua. Photo/Courtesy

If the apex court finds that the bench was improperly constituted, it could reopen questions surrounding the legality of the proceedings that followed Gachagua’s removal from office. Such a finding may also affect how future impeachment challenges are handled by the courts.

Conversely, a determination that the bench was lawfully constituted would likely validate the judicial decisions that followed the impeachment and reinforce existing practice on bench formation in constitutional litigation.

The case has drawn intense public and legal scrutiny due to its implications for the separation of powers, judicial independence, and the scope of court oversight in political accountability processes.

The ruling is expected to be delivered on Friday, with parties and observers awaiting clarity on a decision that could shape the legal architecture of impeachment proceedings in Kenya.

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