In a significant legal development, the High Court has suspended the impeachment hearing of former Deputy President Rigathi Gachagua until December 16, 2025. The decision, delivered by a three-judge bench, comes amid a complex web of appeals challenging the very foundation of the case.
The bench, comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, vacated all previously scheduled dates, acknowledging that multiple overlapping appeals in higher courts must be resolved before the matter can proceed fairly.
Legal Tangles and Constitutional Questions
At the heart of the postponement is a fierce legal contest over the legitimacy of the bench itself. Gachagua has lodged an appeal challenging the authority of Deputy Chief Justice Philomena Mwilu to empanel the three judges hearing his impeachment case.
This appeal has had a ripple effect, prompting the Court of Appeal to suspend more than 40 related petitions. The outcome is expected to have profound implications on issues of jurisdiction and procedure for the main case.
During Tuesday’s proceedings at the Milimani Law Courts, Gachagua’s lawyer, Ndegwa Njiru, passionately argued for the pause. “We are seeking a way forward on whether the court would proceed during the continuation of that matter. The outcome of the appeal would have a serious impact on the matters before you,” Njiru stated.
Justice Freda Mugambi, in issuing the court’s directive, concurred. She noted that it was “prudent to await the superior court’s decision before resuming the hearing,” citing the “pending matters that are before the Court of Appeal and the Supreme Court.”
A Fall from Power and a Legal Fightback
The case is the legal aftershock of a major political earthquake that saw Gachagua ousted from office nearly a year ago. His impeachment followed a very public fallout with President William Ruto late last year.
In October 2024, a motion for his impeachment succeeded in the National Assembly and was subsequently upheld by the Senate, which found him guilty on charges of corruption and misconduct. This led to his immediate removal from the powerful office of Deputy President.
Gachagua, however, has not gone quietly. He has consistently maintained that the entire process was a politically motivated sham, “marred by procedural irregularities.” In response to the Senate’s verdict, he initiated the current legal battle, arguing that the proceedings were unconstitutional and lacked sufficient public participation.
The postponement to the end of 2025 means this high-stakes legal and political drama will remain in limbo for an extended period. All eyes are now on the appellate courts, whose decisions will ultimately determine the fate of one of the most consequential impeachment cases in Kenya’s recent history.
