Gachagua’s Fate Hangs by a Thread: Court to Deliver Ruling on Impeachment Appeals in May
The Court of Appeal is preparing to rule on cases related to the removal of Deputy President Rigathi Gachagua, with the decision expected in May.
A notice from the Judiciary states that the Court of Appeal will give its judgment on May 9. This ruling is significant as it could affect President William Ruto’s administration. The court will decide on several appeals filed by different groups, all challenging parts of the impeachment process and the appointment of a new Deputy President.
Among the cases being reviewed are Civil Appeal No. E829 of 2024 and Civil Appeal No. E022 of 2025. These cases focus on whether Gachagua’s removal followed the Constitution, whether the Senate followed the right procedures, and whether the appointment of the new Deputy President was lawful.
In October 2024, the Senate impeached Deputy President Rigathi Gachagua on various charges, including allegations of corruption and misconduct. After this, Gachagua went to court, arguing that his impeachment was unfair, unconstitutional, and lacked proper public participation.
Following his legal challenge, the High Court issued an order temporarily stopping his removal from office. This order also delayed the appointment of his replacement until the matter was reviewed further.
To handle these complex legal issues, a three-judge panel was formed, consisting of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi. However, controversy arose when it was discovered that Deputy Chief Justice Philomena Mwilu, instead of Chief Justice Martha Koome, had appointed the judges.
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Gachagua’s lawyers argued that this appointment was unconstitutional, stating that only the Chief Justice had the power to form such a panel. There were also concerns about bias, especially regarding Justice Mrima’s alleged close ties with Senate Speaker Amason Kingi. Despite these concerns, the judges refused to step down from the case, saying that the claims did not justify their removal.
Unhappy with this decision, Gachagua took the matter to the Court of Appeal, seeking to overturn the panel’s formation and continue fighting his impeachment. However, during the appeal process, former Interior Cabinet Secretary Kithure Kindiki was nominated and sworn in as the new Deputy President. This happened after the High Court lifted the order that had been stopping the appointment.
Since Kindiki had already been sworn in, parts of Gachagua’s case no longer mattered. As a result, he withdrew some of his petitions but kept fighting on the key issues of how the panel was formed and whether there was bias.
The upcoming ruling will be crucial for Gachagua. If the court rules in his favor, he may still have a chance to challenge his impeachment. However, if the decision goes against him, his removal will be final. This could also hurt his chances of running against President Ruto in the 2027 elections.
Gachagua’s Fate Hangs by a Thread: Court to Deliver Ruling on Impeachment Appeals in May
