Former Deputy President Rigathi Gachagua has suffered a setback after the Supreme Court dismissed applications he filed seeking to halt proceedings related to his impeachment.
In a judgment delivered on Thursday, January 30, the apex court ruled that it lacks jurisdiction to stop proceedings before the High Court, limiting its powers only to matters pending at the Court of Appeal.
The Supreme Court clarified that the issue before it was not the impeachment itself, but rather the legality of how the High Court bench was empanelled to hear cases arising from Gachagua’s removal from office.
What Gachagua Wanted
Gachagua had petitioned the court to:
Stop the High Court from proceeding with cases linked to his impeachment
Strike out the National Assembly’s appeal
Expunge documents filed in the appeal
However, the judges dismissed the application, stating that such orders fall outside the Supreme Court’s mandate.
National Assembly Appeal Allowed to Proceed
The court also declined to summarily dismiss the National Assembly’s appeal, ruling that it raises substantial constitutional questions that must be determined on merit.
Additionally, the court held that documents Gachagua wanted removed from the record were central to the case and had already been relied upon by both the High Court and the Court of Appeal.
Cross-Appeal Also Survives
In a similar ruling, the Supreme Court dismissed a second application by the National Assembly, finding that Gachagua’s cross-appeal meets the threshold for a full hearing.
The dispute largely revolves around whether the High Court bench that lifted conservatory orders blocking Gachagua’s replacement was properly constituted.
Background to the Case
Gachagua was impeached by the National Assembly in October 2024, with the Senate voting to uphold the motion on October 17.
The following day, the National Assembly approved President William Ruto’s nomination of Interior CS Kithure Kindiki as Deputy President.
However, the process was temporarily halted after Justice Chacha Mwita issued conservatory orders, suspending the implementation of the Senate decision.
Court of Appeal Twist
In May 2025, the Court of Appeal ruled in favour of Gachagua, finding that the Deputy Chief Justice lacked authority to empanel the original High Court bench.
Subsequently, Chief Justice Martha Koome reappointed the same judges, restarting hearings on the impeachment petitions.
What It Means
The Supreme Court ruling does not reinstate Gachagua, but it keeps the legal battle alive, with the High Court now set to continue hearing the consolidated impeachment cases.
The outcome could have far-reaching political and constitutional implications as Kenya continues to grapple with the aftermath of the historic impeachment.
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