The Court of Appeal is set to deliver a crucial ruling in May regarding the appeals filed against the impeachment of Deputy President Rigathi Gachagua.
This decision could have significant political implications for President William Ruto’s administration.
According to a statement released by the Judiciary, the highly anticipated ruling is scheduled for May 9. The Court of Appeal will determine the outcome of multiple petitions filed by different parties, each challenging various aspects of the impeachment process and subsequent appointments.
The consolidated cases include Civil Appeal No. E829 of 2024 and Civil Appeal No. E022 of 2025.
These cases raise critical legal questions regarding the constitutionality of Gachagua’s impeachment, the procedural integrity of the Senate’s actions, and the legitimacy of the appointment of a new Deputy President.
In October 2024, the Senate voted to impeach Deputy President Rigathi Gachagua on multiple charges, including allegations of misconduct and corruption.
Following his removal, Gachagua moved to court to challenge both the impeachment process and its outcomes. He argued that the Senate’s proceedings were unconstitutional and lacked sufficient public participation.
In response to his petition, the High Court issued a conservatory order, temporarily blocking any actions to implement the Senate’s decision. This order effectively put a hold on Gachagua’s removal and prevented the appointment of a new Deputy President until further legal review.
Given the weight of the constitutional issues raised in the case, a three-judge bench was formed to hear the matter. The bench consisted of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi.
However, the process of appointing these judges sparked controversy when it was revealed that Deputy Chief Justice Philomena Mwilu, rather than Chief Justice Martha Koome, had empaneled the bench.
Gachagua’s legal team strongly opposed this move, arguing that only the Chief Justice had the authority to appoint judges to a bench handling such a critical constitutional matter.
They also raised concerns about potential bias, particularly regarding Justice Mrima, who was alleged to have close ties with Senate Speaker Amason Kingi.
Despite these concerns, the three-judge bench refused to step aside from the case, stating that the claims of bias did not meet the legal threshold for recusal.
Unconvinced by this decision, Gachagua escalated the matter to the Court of Appeal, seeking to overturn the ruling and challenge the legitimacy of the judicial bench that handled his case.
While these legal battles were ongoing, former Interior Cabinet Secretary Kithure Kindiki was nominated and subsequently sworn in as the new Deputy President. This followed the High Court’s decision to lift the conservatory orders that had previously blocked the appointment process.
With Kindiki already in office, Gachagua realized that some aspects of his appeal had been overtaken by events.
As a result, he withdrew certain applications but remained firm in his pursuit of justice regarding the constitutionality of the bench and allegations of bias in the judicial process.
The Court of Appeal’s final decision will be crucial for Gachagua’s political future. If the ruling favors him, he could get another chance to challenge his impeachment and possibly reclaim his position.
However, if the court upholds his removal, it will mark the end of his tenure as Deputy President and could significantly weaken his political ambitions, especially if he plans to challenge President Ruto in the 2027 elections.
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