Former Deputy President Rigathi Gachagua on Monday made a dramatic appearance at the Milimani Law Courts, setting the stage for a landmark legal battle that could redefine Kenya’s constitutional limits on executive power.
Accompanied by his wife Dorcas Rigathi, their two sons, and a formidable legal team, the Democracy for the Citizens Party (DCP) leader arrived for the hearing of a petition challenging his historic impeachment from office.
The case will be heard by a three-judge bench comprising Erick Ogolla, Anthony Mrima, and Freda Mugambi. The judges are expected to issue directions on multiple pending applications before delving into substantive arguments surrounding the legality of Gachagua’s removal.
At the heart of the petition is a fierce challenge to the impeachment process, which Gachagua claims was riddled with constitutional violations, procedural irregularities, and a blatant denial of his right to a fair hearing.
Gachagua’s legal team argues that both the process leading to his ouster and subsequent actions taken against him lacked a sound legal foundation, alleging political motivations behind the dramatic fall from power.
The petitions also raise weighty constitutional questions, including:
The legal threshold required to impeach a Deputy President
The balance of power between Parliament and the Judiciary
The extent of judicial oversight over parliamentary proceedings
Several parties have already filed applications in the matter, seeking conservatory orders and clarifications on the roles of the National Assembly and Senate in impeachment proceedings.
Legal experts are closely watching the proceedings, which are expected to set a precedent on how far Parliament can go in removing top executive officials—and how the courts can intervene.
The case also revisits earlier legal battles, including a ruling by the Court of Appeal of Kenya on May 9, 2025, which quashed the appointment of the current bench. The decision had faulted Philomena Mwilu for constituting the panel, ruling that only the Chief Justice holds that mandate.
Speaking ahead of the hearing, Gachagua exuded confidence in the Judiciary, insisting his removal in October 2024—making him Kenya’s first impeached Deputy President—was unconstitutional.
“I have built a watertight case proving I was ousted illegally,” he said, adding that despite initial resistance from his family due to the public humiliation, he remains determined to clear his name.
He has also made explosive allegations that bribery influenced votes in both the National Assembly and Senate during the impeachment process—claims that, if proven, could shake public trust in legislative institutions.
As the hearings unfold, the court’s determination could have far-reaching implications—not just for Gachagua’s political future, but for Kenya’s governance framework.
With constitutional integrity, separation of powers, and the rule of law on trial, the nation now turns its eyes to the Judiciary for a verdict that could redefine the boundaries of power at the highest levels of government.
Photo: Courtesy of RMS
