The High Court on Monday dealt Parliament a major blow after ruling that it has the constitutional authority to scrutinise the impeachment process that led to the removal of former Deputy President Rigathi Gachagua from office.
In a judgment with far-reaching implications for future impeachment proceedings, the three-judge bench rejected arguments by the National Assembly and the Senate that the courts should keep off the matter under the doctrine of separation of powers.
The judges held that while Parliament enjoys constitutional independence in executing its mandate, its actions are not immune from judicial review where questions arise over compliance with the Constitution.
The ruling clears the way for the court to examine claims raised by Gachagua and other petitioners, including allegations that the impeachment process violated constitutional safeguards, fair hearing requirements and public participation standards.
The judges emphasized that constitutional bodies must remain accountable to the Constitution, regardless of the powers granted to them.
“The doctrine of separation of powers does not bar this Court from determining whether constitutional requirements were complied with,” the bench stated in its judgment.
The decision marks a significant moment in the long-running legal battle surrounding Gachagua’s October 2024 impeachment, which saw Parliament vote to remove him from office before Prof. Kithure Kindiki was sworn in as Deputy President.
During the hearings, Gachagua’s legal team argued that the impeachment process was unconstitutional and procedurally flawed, while Parliament maintained that both the National Assembly and Senate acted within the law and afforded him a fair opportunity to defend himself.
With the court now affirming its jurisdiction over the matter, attention shifts to the substantive questions that could ultimately determine whether one of the most dramatic political events in recent Kenyan history was carried out in accordance with the Constitution.
Beyond Gachagua’s fate, the ruling is expected to shape how future impeachments are conducted and clarify the extent to which Parliament’s actions can be subjected to judicial oversight.