Legal Storm as Gachagua Challenges His Removal

Former Deputy President Rigathi Gachagua has appeared at the Milimani Law Courts as the legal battle over his impeachment gathers pace, setting the stage for a case that could shape how top state officers are removed from office.

Gachagua, who now leads the Democracy for the Citizens Party (DCP), arrived in court on Monday morning accompanied by his wife Dorcas Rigathi, their two sons and a team of lawyers. The case will be handled by a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima and Freda Mugambi, who are expected to give directions on pending applications and begin hearing arguments on the main petition.

Gachagua challenged to the legality of the process that led to his removal as Deputy President. He argues that the impeachment was flawed from the start, citing procedural lapses, breaches of the Constitution and denial of his right to a fair hearing.

His legal team maintains that key steps taken during and after his tenure were not only irregular but also politically driven. They argue that the process failed to meet the constitutional threshold required to remove a sitting Deputy President.

The matter has attracted wide interest, with several parties filing applications. These include requests for conservatory orders, responses from state agencies and arguments touching on the powers of Parliament, the role of the Senate and the limits of judicial oversight. The court is now expected to weigh in on these issues as it considers whether the impeachment met the required legal standards.

The case also revisits earlier court battles linked to Gachagua’s removal. In May 2025, the Court of Appeal nullified a decision by Deputy Chief Justice Philomena Mwilu to appoint a three-judge bench to hear the matter, ruling that only the Chief Justice has the authority to constitute such a bench. That decision had temporarily stalled proceedings in the High Court.

Gachagua was removed from office in October 2024, becoming the first Deputy President in Kenya’s history to be impeached. Since then, he has consistently claimed that the process was influenced by external pressure, including allegations that lawmakers were induced to support his ouster.

With the hearing now underway, attention turns to the courts as they prepare to determine whether the impeachment met constitutional standards, in a ruling that could have far-reaching implications for Kenya’s political and legal landscape.

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By Robai Ludenyi