Former Deputy President Rigathi Gachagua / HANDOUTFormer Deputy President Rigathi Gachagua is set to hold a press conference at 3.45 pm in Nairobi. The former DP is expected to give a way forward regarding his impeachment case.
This follows a three-judge bench ruling that dismissed his petition challenging his ouster, finding that both the National Assembly and the Senate followed the law and afforded him an adequate opportunity to defend himself against the charges.
The judges held that the public participation undertaken before the impeachment met the required constitutional threshold and that Parliament was entitled to exercise its oversight role over state officers.
In the consolidated petitions challenging the October 2024 impeachment of former Deputy President Gachagua, the High Court bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi delivered a landmark verdict focusing on several core constitutional and procedural issues:
In its judgement, the High Court awarded Gachagua Sh50 million in damages, finding that his rights were infringed when the Senate declined to grant an adjournment sought by his legal team. However, the court maintained that the violation did not invalidate the impeachment itself.
The appeal is expected to focus on key findings of the judgment, including the legality of the impeachment process and the remedies granted by the court.
Gachagua has moved to challenge the High Court's judgment on his impeachment, with his legal team informing the court that a notice of appeal has already been filed.
Moments after the bench delivered its decision, lawyer Njeri Maina requested certified copies of the proceedings and judgment to facilitate the appeal process.
Maina said the request was being made on behalf of all the petitioners involved in the matter and urged the court to expedite the documents.
“May it please you, my Lords, my Lady. Njeri Maina for the third petitioner. I wish to request the typed certified proceedings and the certified judgment. My Lords, my Lady, for the tidiness of the proceedings, I request it on behalf of all other petitioners in this matter. The third petitioner has already filed their notice of appeal,” she said.
The judgment has drawn mixed reactions from senior lawyers and constitutional experts, many of whom argue that the court's findings and ultimate conclusion appear difficult to reconcile.
Law Society of Kenya president Charles Kanjama described the ruling as confusing and said it leaves several critical legal questions unanswered.
"My interpretation is that because the court has found that there has been a violation of the right to a fair hearing, of necessity, the fruits of the impeachment cannot all be sustained. The finality in terms of bringing in a new DP has been sustained, but the other fruits of impeachment, which is to stop the DP from running again, cannot be sustained. The outcome is fairly confusing."
Kanjama argued that the judgment did not clearly address whether the impeachment carries future legal consequences for Gachagua, including his eligibility to seek elective office.
"The court was not clear on it; it could have been clear by making a declaration that the outcome of the impeachment will not have any consequence," he said.
