Former Deputy President Rigathi Gachagua has suffered yet another major blow after the High Court in Nairobi declined his request to overturn the swearing-in of Kithure Kindiki as the new Deputy President.
This ruling, delivered on Thursday, July 31, by a three-judge bench, marked the latest defeat in Gachagua’s attempt to regain his former office. The judges noted that the case had already been overtaken by events and could not be entertained further.
Justice Anthony Mrima, while delivering the ruling, stated clearly that the matter had been addressed by the Court of Appeal and that there was no legal ground to proceed with the application.
Gachagua’s second petition also failed. He had asked the three-judge bench to recuse itself from hearing the impeachment petition against him.
However, the court rejected this plea, saying that the appointment of judges to handle a matter is the responsibility of the Chief Justice, and that mandate could not be interfered with.
The judges, including Anthony Mrima, Fridah Mugambi, and Eric Ogolla, maintained that Article 165 of the Constitution gives the Chief Justice full powers to decide which judges handle which cases.
The court made it clear that returning the file to Chief Justice Koome without strong justification would risk interfering with the judicial process.In his petition, Gachagua had also accused the panel of being biased and abusing their powers.
But the court dismissed those claims, saying there was no proof to support such serious accusations. The judges insisted that Gachagua and his team had failed to provide any evidence of conflict of interest or abuse of power.
The court’s decision comes just as the same bench is expected to proceed with consolidating the impeachment petitions for a full hearing and final decision.
Reacting to the judgment, Gachagua demanded compensation from the government, accusing the current administration of removing him from office unlawfully before his term was completed. He maintained that his removal was politically motivated and unjust.
However, with the court standing firm and refusing to entertain his demands, Gachagua appears to be running out of legal options.
The former Deputy President was impeached in October last year after both the National Assembly and the Senate passed a special motion against him.
The motion, filed by Kibwezi West MP Mwengi Mutuse, accused Gachagua of gross misconduct, abuse of office, and dishonouring the oath of allegiance.
With the High Court now clearing the way for the impeachment process to move forward, it seems that Gachagua’s path back to power has hit a dead end.
