Three-judge bench to determine fate of Gachagua’s impeachment challenge

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Former Deputy President Rigathi Gachagua appeared at the Milimani Law Courts on Monday for the hearing of a petition challenging his impeachment from office.

He arrived in the company of his wife Dorcas Rigathi, his two sons, and his legal team, marking a significant moment in a case that continues to draw public attention.

The matter is set to be heard by a three-judge bench made up of Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi.

The judges are expected to give directions on several pending applications before proceeding to hear arguments on the main petition.

At the center of the case is Gachagua’s claim that the process that led to his removal as Deputy President was unlawful and did not meet constitutional standards.

Through his lawyers, Gachagua argues that the impeachment process was affected by procedural flaws and violated key constitutional safeguards.

He also claims he was denied a fair hearing, which he says undermined the legality of the entire process. His legal team maintains that some actions taken against him during and after his time in office were politically driven and lacked a proper legal foundation.

The case has attracted multiple applications from different parties.

These include requests for conservatory orders, responses from state agencies, and submissions addressing the powers of Parliament, the role of the Senate, and the required legal threshold for removing a deputy president.

The court is expected to examine these issues closely as it considers the petition.

Speaking in Mombasa on Sunday, Gachagua expressed confidence in the strength of his case, saying he believes the court will find that he was removed on unconstitutional grounds.

He said he had prepared a strong case and trusted the Judiciary to deliver justice.

The case also revisits earlier court decisions. On May 9, 2025, the Court of Appeal overturned a decision by Deputy Chief Justice Philomena Mwilu to appoint a three-judge bench to hear a related petition.

His legal team had argued that only the Chief Justice has the authority to appoint such a bench.

Gachagua was removed from office in October 2024, becoming Kenya’s first deputy president to be impeached.

He has since claimed that there were attempts to influence members of the National Assembly and the Senate through bribery to support his removal. The ongoing case is expected to address important constitutional questions about impeachment and the balance of power between the arms of government.

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