Nairobi, Kenya – The Supreme Court is expected to issue a landmark ruling today in the impeachment case of Former Deputy President Rigathi Gachagua, who was removed from office in October 2024. The decision could reshape the legal framework governing parliamentary impeachment processes and judicial oversight in Kenya.
The Core Issue
At the heart of the matter is whether the three-judge High Court bench that dismissed multiple challenges to Gachagua’s impeachment was lawfully constituted under the Constitution.
The panel, comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, was empanelled in October 2024 by Deputy Chief Justice Philomena Mwilu in the absence of Chief Justice Martha Koome. That bench lifted conservatory orders that had temporarily halted the impeachment process, paving the way for Gachagua’s removal and the subsequent appointment of Kithure Kindiki as Deputy President by President William Ruto.
Legal Contestation
Gachagua’s legal team has consistently argued that the High Court bench lacked constitutional authority due to how it was constituted. They claim that DCJ Mwilu exceeded her constitutional limits in empanelling the panel, thereby invalidating its decisions.
The Supreme Court’s four-judge bench will now determine whether the High Court acted within constitutional bounds.
Possible Outcomes
- If the Supreme Court upholds the legitimacy of the High Court bench:
The matter will likely be remitted back to the same panel for substantive disputes to continue, including questions around judicial oversight of parliamentary impeachment procedures. - If the Supreme Court finds the bench was improperly constituted:
Prior High Court decisions could be nullified, requiring a fresh revisit of crucial legal issues surrounding the impeachment process.
Background
Gachagua was impeached by the National Assembly and removed by the Senate in late 2024 on grounds of gross violations of constitutional provisions and misconduct. His legal team has persistently challenged both the impeachment process and subsequent judicial actions, citing irregularities in court composition and procedure.
Conclusion
Today’s ruling is expected to provide clarity on the constitutional limits of judicial authority in impeachment cases and could set a precedent for future disputes involving the balance of power between Parliament and the Judiciary. The outcome will be closely watched across Kenya’s political and legal landscape.
