Kenya’s High Court upholds former Deputy President impeachment

Kenya’s High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, ruling that Parliament acted within its constitutional mandate. Judges, however, found that his right to a fair hearing was violated and awarded him compensation.

A three-judge bench of Kenya’s High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, bringing a major legal challenge to an end while reinforcing Parliament’s authority over the impeachment process.

The court ruled that impeachment is primarily a legislative function and that judges cannot substitute Parliament’s judgment on the grounds for removing a deputy president from office.

While acknowledging procedural concerns, the judges said the final outcome remained valid under the Constitution.

Fair hearing rights were violated

The court found that Gachagua’s constitutional right to a fair hearing was infringed when the Senate declined to adjourn proceedings despite his illness during the impeachment hearings in October 2024.

Judges agreed that proceeding while the former deputy president was hospitalized denied him a full opportunity to defend himself against the charges.

As a result, the court awarded Gachagua 50 million Kenyan shillings in damages for the violation of his rights.

However, the bench ruled that the infringement alone was not sufficient to invalidate the impeachment.

Reinstatement ruled out

The court also rejected any possibility of reinstating Gachagua, citing the lawful appointment of his successor, Kithure Kindiki.

Judges warned that reversing the impeachment would create a constitutional crisis by effectively producing two deputy presidents at the same time.

They ruled that once the vacancy had been filled according to constitutional procedures, the impeachment process could not be undone by the courts.

Public participation challenge dismissed

Gachagua had argued that Parliament failed to provide adequate opportunities for public participation before lawmakers considered the impeachment motion.

The court disagreed, finding that the public had been given sufficient avenues to submit views on the process.

Judges also dismissed claims that parliamentary speakers had compromised their neutrality, ruling that their actions were procedural and consistent with their constitutional responsibilities.

Political fallout continues

Gachagua was impeached on 11 charges, including allegations that he made ethnically divisive public remarks.

The former deputy president, who was elected alongside President William Ruto in 2022, fell out with the president following anti-tax protests that shook Kenya in 2024.

After his removal from office, Gachagua launched the Democracy for the Citizens Party (DCP), which has emerged as a significant opposition force.

Appeal likely as presidential ambitions remain

The ruling carries major political implications because an impeached leader in Kenya is barred from contesting future elections.

Gachagua, who is widely viewed as harbouring presidential ambitions, now faces a critical legal hurdle if he hopes to seek elected office again.

His lawyers have indicated they will appeal the High Court’s decision, setting the stage for another chapter in one of Kenya’s most closely watched political battles.