Gachagua’s Impeachment Case Takes New Twist as Three-Judge Bench Is Named

The legal battle surrounding the impeachment of former Deputy President Rigathi Gachagua has taken a significant turn after the High Court constituted a three-judge bench to hear petitions challenging the legality of his removal from office. 

The development marks a critical stage in a case that could set far-reaching constitutional and political precedents in Kenya.

After months of procedural delays and legal uncertainty, the High Court has now cleared the way for a substantive hearing of the consolidated cases. 

Justices Eric Ogola, Antony Mrima and Freda Mugambi have been appointed to preside over the matter, with hearings scheduled to run from April 14 to April 18. 

The five-day window signals the court’s intention to comprehensively address the complex constitutional issues raised in the petitions.

At the centre of the case is whether the impeachment process conducted by Parliament and the Senate adhered strictly to constitutional and legal requirements. 

Gachagua is seeking a definitive judicial determination on the legality of his removal, arguing that due process was violated. 

A ruling in his favour could potentially invalidate the impeachment and expose the state to significant compensation claims.

Gachagua’s legal team, led by Senior Counsel Paul Muite, has consistently urged the court to treat the matter with urgency, citing the profound constitutional implications involved. 

During a recent court mention, Muite argued that his client remains the most affected party, not only in personal and political terms but also with regard to his constitutional rights and standing.

The case goes beyond Gachagua’s political future and touches on broader questions about the limits of parliamentary power, executive accountability and the protection of constitutional offices. 

Legal experts note that the outcome could influence how future impeachment proceedings are conducted and interpreted under Kenyan law.

The decision to empanel a three-judge bench underscores the weight of the issues at stake. Such benches are typically reserved for matters of great public importance or those involving novel constitutional questions. 

The court is expected to examine extensive documentary evidence, parliamentary records and legal submissions from all parties involved.