Gachagua’s fate set for June 8 as High Court to rule on impeachment case

Deputy President Rigathi Gachagua and his wife Dorcas Rigathi at the High Court /HANDOUT

Former Deputy President Rigathi Gachagua is set to know his fate on June 8, when the High Court will deliver judgment in consolidated petitions challenging his October 2024 impeachment.

The petitions before the court challenge the constitutionality and legality of Gachagua’s removal from office by the National Assembly and the Senate, following an impeachment process that has since drawn multiple legal challenges.

"We will retire and prepare a judgment bringing these proceedings to a close. We hope to do that on June 8 in the ceremonial hall at 11 am," Justice Eric Ogolla stated.

Gachagua is seeking among other reliefs, compensation equivalent to the salary and benefits he would have earned had he completed his five-year term from his election in 2022.

He also seeks a declaration that his impeachment was unconstitutional and unlawful.

His legal team has maintained that the impeachment process was marred by procedural flaws, including what they term as a denial of a fair hearing and an overly expedited process.

They also argue that the requirement for adequate public participation was not properly met, rendering the entire process invalid.

The proceedings have seen intense courtroom exchanges involving a battery of lawyers representing Gachagua, Parliament, the Senate, and other interested parties, including Deputy President Kithure Kindiki.

The hearing, which has run for five days, has at times been marked by sharp exchanges, sarcasm, laughter, and moments of levity despite the weight of the issues being argued.

Central to Gachagua’s case is the claim that he was not accorded sufficient opportunity to defend himself during the impeachment motion.

His lawyers argue that constitutional safeguards were not fully observed, and that the speed at which the process was undertaken compromised fairness.

The issue of his medical condition also emerged during the proceedings, with arguments raised regarding whether he was fit to participate in the Senate proceedings at the time of impeachment.

His doctor, Dr Daniel Gikonyo, testified and was cross-examined as the court sought clarity on whether illness prevented Gachagua from fully engaging in the process.

However, the respondents dismissed these claims, arguing that the impeachment was conducted in accordance with constitutional and legal requirements.

They maintained that Gachagua was accorded a fair hearing and was represented by legal counsel throughout the process.

Deputy President Kithure Kindiki’s legal team further argued that claims of illness were used as a shield to avoid Senate cross-examination, a position that was strongly disputed by Gachagua’s doctor, who maintained that the former Deputy President was genuinely unwell and under medical care.

Parliament and the Senate have also defended the impeachment process, insisting that it was conducted within constitutional timelines and followed due process.

They argued that extensive public participation was undertaken through multiple platforms and that the process met legal thresholds.

The Senate further contended that some of the evidence introduced during the court proceedings, including the doctor’s testimony, was not part of the impeachment record and should not be considered in determining the legality of the process.

The consolidated petition has drawn wide public interest, given the political implications of the case and its significance in shaping standards for impeachment proceedings in Kenya.

As the three-judge bench comprising Presiding Judge Eric Ogola, Freda Mugambi and Anthony Mrima prepares to deliver its judgment, attention now turns to whether the court will uphold the impeachment or find it unconstitutional, potentially reinstating Gachagua’s claim for compensation and benefits.

For now, all eyes remain on June 8, when the High Court will bring the impeachment dispute to a decisive conclusion.