Gachagua’s Impeachment Battle Continues in High Court

Gachagua’s Impeachment Battle Continues in High Court

Former Deputy President Rigathi Gachagua returned to the Milimani High Court this week as hearings continued in the case challenging his 2024 impeachment. The matter, which has drawn significant political and legal attention across Kenya, is being heard before a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi.

Gachagua arrived at the Milimani Law Courts accompanied by members of his legal team and close allies, with security heightened around the court premises. The former deputy president is seeking declarations that his impeachment was unconstitutional and violated his right to a fair hearing.

His lead counsel, Senior Counsel Paul Muite, argued before the court that Parliament failed to follow due process during the impeachment proceedings. “My client was denied a fair hearing,” Muite told the bench, maintaining that the process was rushed and did not meet constitutional standards.

The legal team further claimed that the National Assembly did not conduct meaningful public participation before approving the motion to remove him from office. Lawyer Andrew Muge told the court that information published for public participation was insufficient for Kenyans to make informed submissions.

However, lawyers representing Parliament rejected the claims, insisting the impeachment process met constitutional requirements. Counsel representing the National Assembly argued that more than 223,000 Kenyans submitted views during the public participation exercise. “It was probably the most intense and elaborate public participation exercise ever undertaken in this country,” lawyer Moses Kipkogei submitted.

Gachagua was impeached in October 2024, becoming Kenya’s first deputy president to be removed from office through impeachment. He has consistently denied wrongdoing and maintains that the process was politically motivated.