The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, ruling that the Senate’s decision met all constitutional and procedural requirements.
On Monday, June 8, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Frida Mugambi dismissed Gachagua’s petition challenging his removal from office. He had argued that the process was unlawful, unfair, and fell short of the constitutional standards required to impeach a deputy president.
However, in a detailed 350-page judgment, the court found that the impeachment process was valid and properly conducted, noting that allegations of bias against parliamentary leaders were not supported by evidence.
“The allegations of bias, predetermination and conflict of interest are, on the material before this Court, no more than bare and unsubstantiated assertions grounded in political inference and suspicion rather than objective evidence,” the judges stated.
The court also held that public participation was sufficiently conducted, saying the National Assembly created adequate avenues for citizens to engage in the process, even if turnout was low or Gachagua did not respond publicly at the time.
Further, the judges noted that the Senate did not violate constitutional provisions on legislative procedure and accountability, reinforcing that the impeachment met the required legal threshold.
At the same time, the court found that Gachagua’s right to a fair hearing was violated when the Senate proceeded in his absence and failed to allow an adjournment despite his hospitalisation. As a result, the judges ordered that he be awarded KSh 50 million in compensation.
Despite this finding, the court declined to overturn the impeachment itself, effectively leaving the Senate’s decision intact.
Gachagua’s Impeachment
