The Court of Appeal is set to determine the appeals filed in the cases challenging the ouster of Deputy President Rigathi Gachagua in May.
According to a notice issued by the Judiciary, the Court of Appeal is set to determine the case that could spell trouble for President William Ruto’s broad-based government.
The Judiciary, in its statement, indicated that the ruling will be released on May 9. The judges of the Court of Appeal will determine multiple petitions filed by various parties challenging different aspects of the impeachment process and the subsequent appointments.
The consolidated cases, including Civil Appeal No. E829 of 2024 and Civil Appeal No. E022 of 2025, encompassed challenges to the impeachment's constitutionality, the procedural integrity of the Senate's actions, and the legitimacy of the new Deputy President's appointment.
In October 2024, Deputy President Rigathi Gachagua was impeached by the Senate on multiple charges, including allegations of misconduct and corruption.
Following the Senate's decision, Gachagua sought legal redress, challenging the impeachment process and its outcomes. He contended that the proceedings were conducted unconstitutionally and without adequate public participation.
In response, the High Court issued a conservatory order temporarily halting the implementation of the Senate's resolution, effectively suspending any actions toward his removal or the appointment of a successor until further judicial review.
To address the substantial constitutional questions raised, a three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi was constituted. The empanelment of this bench became a point of contention when it was revealed that Deputy Chief Justice Philomena Mwilu, rather than Chief Justice Martha Koome, had appointed the judges.
Gachagua's legal team argued that this appointment was unconstitutional, asserting that only the Chief Justice held the authority to constitute such benches.
Additionally, concerns about potential bias were raised, particularly regarding Justice Mrima's alleged close relationship with Senate Speaker Amason Kingi. Despite these objections, the bench declined to recuse itself, stating that the claims did not meet the threshold for recusal.
Following the bench's refusal to recuse itself, Gachagua escalated the matter to the Court of Appeal, seeking to overturn the decision and challenge the bench's constitutionality.
However, during the process of these appeals, then Interior Cabinet Secretary Kithure Kindiki was nominated and subsequently sworn in as the new Deputy President, following the High Court's decision to vacate the conservatory orders that had previously halted the appointment.
Recognising that the swearing-in had rendered parts of his appeal moot, Gachagua withdrew certain applications but continued to pursue the core issues concerning the bench's formation and potential bias.
This ruling will either offer Gachagua another bite at quashing his ouster or cement it once and for all. The later decision could spell doom for Gachagua’s bid to send Ruto packing in 2027.
