By Lynnet Juma, Kakamega
The High Court has upheld the impeachment of former Deputy President Rigathi Gachagua, bringing to a close one of the country’s most consequential constitutional battles while simultaneously awarding him Ksh50 million in damages for procedural shortcomings identified during the process.
In a landmark judgment delivered at the Milimani Law Courts, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima and Frida Mugambi ruled that Parliament acted within the Constitution when it removed Gachagua from office in October 2024.
The decision represents a significant victory for Parliament and the Kenya Kwanza administration, affirming the legitimacy of the impeachment process and validating the subsequent appointment of Deputy President Kithure Kindiki.
Reading the court’s findings, the judges dismissed Gachagua’s attempt to overturn his ouster, finding that both the National Assembly and the Senate met the constitutional threshold required to impeach a deputy president.
“The impeachment process was conducted within the framework provided by the Constitution and relevant laws,” the court held.
The ruling settles months of legal uncertainty surrounding one of Kenya’s most dramatic political fallouts, which saw Gachagua removed from office following a bitter dispute with President William Ruto and sections of the ruling coalition.
A central pillar of Gachagua’s petition was the argument that public participation conducted during the impeachment process was inadequate and merely a procedural formality. However, the judges rejected that claim.
The court found that Parliament had undertaken sufficient efforts to collect views from citizens across the country and that the exercise met constitutional standards.
“The assertion that public participation was a facade has not been established,” the judges ruled, noting that demonstrable measures had been taken to facilitate public engagement at constituency and county levels.
The bench also rejected claims that Gachagua had been denied a fair hearing.
His legal team had argued that the speed with which the impeachment proceedings were conducted violated his constitutional rights and denied him adequate time to prepare his defence.
However, the judges found that the timelines employed by Parliament were anchored in law and that the standing orders governing the proceedings were constitutionally compliant.
According to the court, the former deputy president was afforded sufficient opportunity to participate in the process and respond to the allegations levelled against him.
Another key issue before the court concerned the legality of the appointment of Deputy President Kithure Kindiki following Gachagua’s removal.
The petitioners had argued that the absence of a fully constituted Independent Electoral and Boundaries Commission (IEBC) created constitutional hurdles that rendered the succession process defective.
The judges disagreed, finding that Kindiki’s appointment complied with constitutional requirements and dismissing attempts to invalidate his assumption of office.
The finding effectively closes the door on challenges to the legitimacy of the current deputy president’s position.
Despite dismissing the main petition, the court awarded Gachagua KSh50 million in damages after finding merit in some complaints relating to administrative and procedural shortcomings that arose during the impeachment process.
The compensation emerged after the former deputy president’s legal strategy evolved from seeking reinstatement to pursuing damages for specific constitutional violations.
The judges held that while the identified shortcomings did not invalidate the impeachment itself, they warranted financial compensation.
The mixed outcome leaves Gachagua with a symbolic legal victory but no pathway back to the country’s second-highest office through the High Court.
