NAIROBI Kenya—Former Deputy President Rigathi Gachagua’s impeachment has been upheld by the High Court, ending a lengthy legal battle over his removal from office but handing him a partial victory after judges found that his rights were violated during Senate proceedings.
In a judgment that could have far-reaching implications for Kenya’s political landscape, a three-judge bench ruled that Parliament acted within the Constitution when it impeached Gachagua, effectively confirming his removal from the country’s second-highest office.
However, the court found that the Senate should have granted Gachagua more time to participate in the proceedings after he sought an adjournment on health grounds.
Although the judges concluded that the violation did not affect the final outcome of the impeachment, they awarded the former Deputy President Sh50 million in compensation.
The ruling marks a significant chapter in a political fallout that dramatically reshaped Kenya’s leadership and culminated in the appointment of Prof. Kithure Kindiki as Deputy President.
The court dismissed several arguments advanced by Gachagua’s legal team, including claims that Parliament failed to adequately involve the public and allegations that the judiciary lacked authority to hear matters arising from impeachment proceedings.
Judges also upheld Kindiki’s appointment, ruling that public participation was not required for his nomination and approval under Article 149 of the Constitution.
The bench further rejected claims that Kindiki’s previous position as Interior Cabinet Secretary created a conflict of interest, noting that he resigned from the Cabinet before taking the oath of office as Deputy President.
In its decision, the court drew a distinction between the impeachment of governors and the removal of a Deputy President, saying the latter carries a higher level of constitutional finality because of the national significance of the office.
For Gachagua, the judgment closes one legal chapter but leaves open political questions about his future. Since his impeachment, the former Deputy President has remained active in national politics and has repeatedly criticised the administration that succeeded him.
While the court declined to restore his benefits or overturn the impeachment, the Sh50 million award represents judicial recognition that part of the process fell short of constitutional standards.
The judgment is likely to serve as a key legal reference in future impeachment disputes and further defines the balance between parliamentary power and judicial oversight under Kenya’s Constitution.
