Gachagua Suffers Huge Blow as Supreme Court Rules on His Impeachment

Former Deputy President Rigathi Gachagua has suffered a major setback after the Supreme Court dismissed applications seeking to halt High Court proceedings related to his impeachment and to strike out an appeal filed by the National Assembly.

In a ruling delivered on Friday, January 30, 2026, a five-judge bench led by Chief Justice Martha Koome held that the court lacks jurisdiction to stay proceedings before the High Court, noting that its powers are limited to matters arising from the Court of Appeal.

Gachagua had moved to the Supreme Court seeking orders to suspend ongoing High Court cases challenging his impeachment, arguing that his pending cross-appeal raised serious constitutional questions.

Court Dismisses Applications by Gachagua to Stop High Court Proceedings

However, the court determined that it could not bypass the Court of Appeal to issue orders affecting cases before lower courts.

“The Court cannot frog-leap the Court of Appeal to provide relief to a party before the High Court,” the judges made the ruling, referring to Article 163(4) of the Constitution and Section 23A of the Supreme Court Act.

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The judges also rejected Gachagua’s request to dismiss the National Assembly’s appeal, which contests a Court of Appeal ruling stating that the Deputy Chief Justice did not have the authority to form a High Court bench under Article 165(4) of the Constitution.

According to the Supreme Court, the matter of whether the National Assembly had previously taken contradictory stances, an argument presented by Gachagua based on the doctrine of judicial estoppel, could not be resolved through a summary dismissal, as it necessitated a thorough legal examination.

Supreme Court Denies Request by the National Assembly to Dismiss Gachagua’s Cross Appeal Case

The court, at the same time, turned down Gachagua’s attempt to have several documents removed from the supplementary record of appeal submitted by the National Assembly, determining that the documents were closely associated with the disputed empanelment process and had already been cited by the Court of Appeal.

In another ruling, the Supreme Court denied a request by the National Assembly to dismiss Gachagua’s cross-appeal, which contests the lower courts’ refusal to recuse judges involved in impeachment-related cases.

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The judges concluded that the cross-appeal raises legitimate constitutional questions, including the application of Article 50 regarding the right to a fair hearing, thus fulfilling the criteria for the court’s consideration.

The ruling by the judges indicates that the impeachment-related matters concerning Gachagua will proceed in the High Court, while both the National Assembly’s appeal and Gachagua’s cross-appeal remain active at the Supreme Court.

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