Gachagua’s Impeachment Hearing Deferred to December Pending Appeals

A collage of Deputy President Rigathi Gachagua and Milimani Law Courts, October 15.
A collage of Former Deputy President Rigathi Gachagua and Milimani Law Courts.
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Courtesy

A three-judge bench comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi has postponed the impeachment hearing of former Deputy President Rigathi Gachagua to December 16, 2025.

The decision follows ongoing appeals contesting the legality of the bench constituted to hear the case.

The postponement comes after the Court of Appeal suspended more than 40 related petitions pending the determination of Gachagua’s appeal, which challenges the authority of Deputy Chief Justice Philomena Mwilu to empanel the three-judge bench handling the matter.

During Tuesday's High Court proceedings on the matter, Gachagua’s lawyer, Ndegwa Njiru, argued that the outcome of the appeal would have significant implications for the ongoing proceedings, including questions of jurisdiction and procedure. 

Entrance to Milimani Law Courts, Nairobi.
Entrance to Milimani Law Courts, Nairobi.
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The Judiciary of Kenya.

''We are seeking a way forward on whether the court would proceed during the continuation of that matter. The outcome of the appeal would have a serious impact on the matters before you,'' Njiru stated.

Justice Freda Mugambi, while issuing the court’s directive, acknowledged the overlapping legal proceedings, noting that it was prudent to await the superior court’s decision before resuming the hearing. 

''In light of the pending matters that are before the Court of Appeal and the Supreme Court, we hereby vacate the earlier dates that had been fixed or highlighted for submissions,'' she said.

The case stems from an impeachment case involving Gachagua following his fallout with President William Ruto late last year. 

The former Deputy President has maintained that the impeachment process was politically motivated and marred by procedural irregularities.

In October 2024, Gachagua was removed from office by the Senate after being found guilty of multiple charges, including accusations of corruption and misconduct.

In response to the Senate's verdict, Gachagua initiated legal proceedings to contest both the process and the outcome of his impeachment. He argued that the proceedings were unconstitutional and lacked sufficient public participation.

It now remains to be seen how Gachagua’s case will proceed, almost a year after the former DP was ousted from office after a motion filed in the National Assembly for his impeachment succeeded and was later upheld by the Senate.

Gachagua
A collage of President William Ruto and former Deputy President Rigathi Gachagua.
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PSC
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