High Court Issues Final Ruling on Gachagua Impeachment Battle
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The High Court has delivered its ruling on the impeachment petition challenging the removal of former Deputy President Rigathi Gachagua from office, filed following his impeachment in October 2024.
The petition was heard by a three-judge bench comprising Justice Eric Ogola, Justice Anthony Mrima, and Justice Freda Mugambi.
In the ruling, the bench said the Senate did not violate the Constitution by failing to conduct its own public participation during the impeachment of Rigathi Gachagua.
Additionally, the judges found that the public participation conducted during the impeachment of Rigathi Gachagua met the Constitutional threshold.
On President William Ruto’s picking Kithure Kindiki as his deputy, the court ruled that public participation was not constitutionally required for the nomination and approval of Kithure Kindiki as Deputy President.
The bench ruled that the Senate failed to accord former Deputy President Rigathi Gachagua a fair hearing during his impeachment trial after it denied an adjournment to consider written submissions
Speaking a day before the ruling during a church service at PCEA Muteero Church in Karen, Nairobi, Gachagua expressed confidence in the judiciary while also indicating that he is prepared to escalate the matter to the Court of Appeal if the decision goes against him.
“I ask you to pray for us. We were removed from office against the law and against the constitution,” he said.
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With the verdict expected today, he noted that his camp was ready for any outcome.
He further argued that if the court finds in their favour, it would restore confidence in the justice system.
“If the three judges hold that we were treated unfairly and against the law and the constitution and lift the impeachment and let us be, we shall be grateful to God, and we shall be grateful that there is a justice system in Kenya at last,” he said.
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At the same time, Gachagua expressed trust in the judiciary’s independence.
However, he also acknowledged the possibility of an unfavourable ruling, stating that legal options remain open.
The former deputy president also urged his supporters to remain calm regardless of the outcome.
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The petition was heard by a three-judge bench comprising Justice Eric Ogola, Justice Anthony Mrima, and Justice Freda Mugambi.
They were tasked with determining whether the impeachment process met the constitutional threshold of fairness, legality, and due process.
The judges were expected to determine whether the proceedings that led to Gachagua’s removal complied with constitutional requirements and whether his rights were violated during the process.
This ruling came 20 months later, after the parliament and the senate voted to remove Gachagua from office.
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On October 8, 2024, members of the national assembly voted to impeach Rigathi on grounds that included corruption, insubordination, and alleged divisive politics.
The Senate later upheld the impeachment on 17 October, effectively sealing his removal from office.
Since then, Gachagua has been challenging the process in court, arguing that it was unconstitutional and unfair, leading to the current High Court petition now awaiting judgment.
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