Gachagua Makes Fresh Legal Move in Fight Against 2024 Impeachment

Former Deputy President Rigathi Gachagua has formally withdrawn two key High Court petitions challenging his October 2024 impeachment, shifting his legal battle to the Court of Appeal.

A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Fridah Mugambi allowed the withdrawal of Petition No. 522 of 2024 and Petition No. 525 of 2024 on Wednesday. The judges ruled that the application had merit and noted that the respondents did not oppose the move.

The court clarified that Petition 525 of 2024 was part of a consolidated series, meaning the withdrawal order applies strictly to those two specific files. All other related petitions in the cohort will proceed to full hearings as scheduled.

Gachagua’s legal team informed the court that the petitions had been overtaken by events. They argued that continuing to litigate the cases alongside the ongoing appellate process would consume unnecessary judicial time, especially since the issues of political bias, public participation, and procedural fairness were already addressed in a previous judgment.

The cases trace back to October 2024, when Kibwezi West MP Mwengi Mutuse introduced an impeachment motion containing 11 charges against Gachagua in the National Assembly, backed by 282 lawmakers. The Senate subsequently found Gachagua guilty on five counts of gross violation of the Constitution, making him the first Kenyan Deputy President removed under the 2010 Constitution.

Gachagua filed Petition E522 of 2024 as a preemptive legal effort to block the parliamentary proceedings, citing a rushed process and lack of public participation. High Court Judge Lawrence Mugambi designated it as the lead anchor case and consolidated it with five similar petitions, leading Chief Justice Martha Koome to empanel the three-judge bench.

However, the High Court declined to issue emergency orders to halt the trial, allowing the parliamentary process to conclude. On June 8, 2026, the three-judge bench upheld the Senate’s resolution to remove Gachagua and confirmed Kithure Kindiki as his successor.

Despite upholding the impeachment, the High Court ruled that Gachagua's rights to a fair hearing and administrative justice were violated when the Senate refused to adjourn proceedings during his hospitalisation. The judges awarded him Sh50 million in constitutional damages to address the violation and restore his dignity.

Gachagua is now targeting the Court of Appeal to challenge the adverse findings of the June 8 ruling while preserving the Sh50 million award. The appellate court is set to issue directions on November 19, 2026.

The legal strategy comes as Gachagua, now leading the Democratic Change Party (DCP), positions himself among opposition figures seeking to challenge President William Ruto in next year's general elections. His political ambitions remain tied to the outcome of his appeal, as Article 75(3) of the Constitution disqualifies state officers removed for violating Chapter Six from holding public office.