High Court Upholds Gachagua Impeachment, Rules Removal Constitutional

The High Court has upheld the removal of former Deputy President Rigathi Gachagua, ruling that both Parliament and the Presidency acted within the Constitution in his impeachment and the appointment of his successor.

A three-judge bench found that impeachment is a conclusive process under Kenya’s constitutional framework and cannot be reversed once a new Deputy President has lawfully taken office. The judges noted that Gachagua’s right to a fair hearing was breached when the Senate denied his request for an adjournment due to illness, but determined that this violation did not invalidate the impeachment.

They cautioned that overturning the decision could create a constitutional crisis by leaving the country with two Deputy Presidents. The court awarded Gachagua Sh50 million in damages for the rights violation, stressing that compensation was the appropriate remedy rather than reinstatement. 

It also confirmed the legality of the nomination and approval of the current Deputy President, rejecting claims that the speed of the process or alleged irregularities in parliamentary timelines rendered it unconstitutional. Lawyer Njeri Maina, representing Gachagua, announced plans to appeal the ruling, arguing that the case concerns constitutional integrity rather than financial compensation. 

She stated that Gachagua followed the judgement from home with his family due to security concerns and urged his supporters to remain calm while awaiting the appeal.