Gachagua Impeachment Back In Spotlight As Supreme Court Decides

By Robai Ludenyi

The Supreme Court is set to deliver a highly anticipated ruling today in the impeachment case of former Deputy President Rigathi Gachagua, a decision that could have far reaching political and constitutional implications nearly two years after his removal from office.

The four-judge bench of the apex court will rule on whether the High Court panel that handled and dismissed several legal challenges to Gachagua’s impeachment was lawfully constituted. The outcome is expected to determine the next direction of a case that has remained politically sensitive and legally complex since Parliament moved to remove the former deputy president in October 2024.

At the centre of the dispute is the composition of a three-judge High Court bench made up of Justices Eric Ogola, Anthony Mrima, and Freda Mugambi. The bench was constituted by Deputy Chief Justice Philomena Mwilu at a time when Chief Justice Martha Koome was absent. That panel went on to lift conservatory orders that had temporarily stopped Parliament from proceeding with the impeachment, effectively clearing the path for Gachagua’s removal.

Gachagua’s legal team has persistently challenged the authority of the High Court bench, arguing that the process used to constitute it violated constitutional provisions. They maintain that only the Chief Justice has the mandate to empanel judges in matters of significant constitutional importance, and that any deviation from this framework undermines the legitimacy of the court’s decisions.

The Supreme Court’s ruling will address whether Deputy Chief Justice Mwilu acted within her constitutional powers when she formed the bench. If the court upholds the legality of the panel, the matter is expected to be referred back to the same judges for a full hearing on the substantive issues raised by Gachagua. These include questions about the extent of judicial oversight over parliamentary impeachment proceedings, a matter with direct political consequences.

However, if the apex court finds that the bench was improperly constituted, the decision could invalidate earlier High Court rulings and reopen legal and political debates surrounding the impeachment. Such an outcome could also raise broader concerns about judicial processes in high-stakes political disputes.

Gachagua was impeached on grounds that included gross violations of the Constitution and misconduct. While Parliament completed the process, his supporters and legal team have continued to argue that both the impeachment and the court proceedings that followed were tainted by procedural irregularities.

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