Court Halts Gachagua’s Impeachment Case, Sets Final Ruling for May 9

The Court of Appeal has issued new orders stopping a three-judge High Court panel from proceeding with former Deputy President Rigathi Gachagua’s impeachment case.

The decision, announced on Thursday, February 27, places a temporary halt on the hearings until the Court of Appeal delivers its final ruling on May 9.

With this directive, the High Court panel consisting of Justices Anthony Mrima, Freda Mugambi, and Eric Ogola is now barred from handling any matters related to Gachagua’s impeachment until the appeal is concluded.

Court of Appeal Justifies Stopping High Court Proceedings

The ruling was made by a panel of three appellate judges—Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott.

In their statement, the judges emphasized that all High Court proceedings concerning the impeachment would remain suspended until a decision is reached on the consolidated appeals.

“The High Court proceedings are stayed to await the determination of these consolidated appeals,” the judges ruled.

The decision comes just a day after the Court of Appeal confirmed that it would make its final ruling on the case in May.

The Judiciary also released a statement confirming that the decision will be delivered on May 9, resolving multiple legal challenges filed by different parties.

These cases challenge the legality of Gachagua’s removal, the procedures used in the impeachment process, and the legitimacy of appointing a new Deputy President.

Details of the Legal Battle

Several cases have been merged under the consolidated appeal, including Civil Appeal No. E829 of 2024 and Civil Appeal No. E022 of 2025. These appeals question whether Gachagua’s impeachment followed the law, whether the Senate acted fairly, and whether the appointment of his successor was legitimate.

Gachagua was impeached by the Senate in October 2024 after being found guilty of corruption and misconduct. Following his removal, he filed a legal challenge, arguing that the impeachment process was unconstitutional and lacked adequate public involvement.

In response to his appeal, the High Court had initially issued a conservatory order, temporarily blocking his removal and preventing the appointment of a new Deputy President until the case was fully heard.

Due to the complex constitutional issues raised, the High Court formed a three-judge panel—Justices Eric Ogola, Anthony Mrima, and Freda Mugambi—to handle the case. However, controversy soon erupted after it was revealed that Deputy Chief Justice Philomena Mwilu, rather than Chief Justice Martha Koome, had appointed the judges.

Questions Over Legitimacy and Potential Bias

Gachagua’s lawyers strongly opposed the panel’s formation, arguing that only the Chief Justice had the legal authority to appoint judges to such cases. They also raised concerns about possible bias, particularly pointing out Justice Mrima’s alleged close relationship with Senate Speaker Amason Kingi.

Despite these concerns, the judges refused to recuse themselves from the case, stating that the objections did not meet the legal threshold for their removal. Dissatisfied with this ruling, Gachagua escalated the matter to the Court of Appeal, seeking to overturn the decision and challenge the formation of the High Court panel.

During the ongoing appeals process, former Interior Cabinet Secretary Kithure Kindiki was nominated and officially sworn in as the new Deputy President. This followed a High Court decision to lift the conservatory orders that had previously blocked the appointment of Gachagua’s replacement.

Acknowledging that Kindiki’s swearing-in had rendered some aspects of his appeal irrelevant, Gachagua withdrew certain applications but continued pursuing the core legal questions. His case now primarily focuses on whether the High Court panel was properly constituted and whether bias played a role in the process.

With the Court of Appeal expected to give a final ruling on May 9, the outcome of this legal battle could have significant implications for both Gachagua’s political future and the legal framework governing impeachments in Kenya.

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