Former Deputy President Rigathi Gachagua has vowed to move to the Court of Appeal if the High Court fails to lift his impeachment case set to be determined on Monday.
Speaking on Sunday during a church service in Karen, Gachagua said while he remains hopeful that the judges will find he was treated unfairly and overturn the impeachment, he is prepared to pursue further legal action if the ruling goes against him.
“We are ready for whatever outcome. If the three judges rule that we were treated unfairly and against the law and lift the impeachment, we shall be grateful to God, and we shall be grateful that there is a justice system in Kenya that works,” he said.
“I have confidence that our judiciary is independent, impartial, and will give justice to Rigathi Gachagua and millions of his supporters across the country.”
He maintained that a favourable ruling would strengthen his faith in Kenya’s justice system but said he would pursue all available legal avenues if the court ruled otherwise.
“If the ruling goes the other way, it is still okay, we will still have an opportunity to go to the Court of Appeal and follow the legal remedies that are provided by the Constitution,” he said.
Gachagua also appealed to his supporters to remain peaceful regardless of the court’s decision.
“I want to urge my supporters that, irrespective of the outcome, to remain calm and peaceful,” the DCP party leader added.
A three-judge bench comprising Justices Eric Ogolla, Anthony Mrima and Frida Mugambi is expected to deliver its judgment on Monday, June 8, on Gachagua’s petition challenging his 2024 impeachment.
The former Deputy President moved to the High Court seeking to overturn his removal from office, arguing that the impeachment process was unconstitutional and violated his rights.
Gachagua was removed from office on October 18, 2024, after a majority of Senators upheld an impeachment motion that had earlier been passed by the National Assembly.
The motion, sponsored by Kibwezi West MP Mwengi Mutuse, cited several grounds, including gross violation of the Constitution and undermining the President and the Cabinet.
Following the Senate vote on the night of October 17, President William Ruto nominated Deputy President Kithure Kindiki to replace Gachagua, with the National Assembly approving the nomination hours later before he was sworn into office.
The court’s decision is expected to have far-reaching implications for future impeachment proceedings and could define the extent to which courts can intervene in political disputes involving senior state officers.
The case, which has been before the courts for nearly 20 months, originated on October 4, 2024, when Mutuse tabled the impeachment motion against Gachagua in the National Assembly. The House approved it on October 8 before transmitting it to the Senate for trial.
Gachagua and 40 others subsequently filed petitions seeking to nullify the impeachment, setting the stage for a legal battle that has raised major constitutional questions.
The High Court is expected to determine whether impeachment proceedings can be reviewed by the Judiciary, with the Attorney General, Parliament, the Senate and Deputy President Kithure Kindiki arguing that impeachment is a political process reserved for Parliament.
The petitioners, however, maintain that the Judiciary has constitutional authority to oversee all exercises of public power.
The judges will also decide whether the National Assembly and Senate followed constitutional procedures and whether Gachagua was accorded a fair hearing after the Senate declined to adjourn proceedings despite claims that he was unwell.
Medical evidence has emerged as one of the most contested issues in the case. Cardiologist Daniel Gikonyo told the court that Gachagua was admitted to Karen Hospital on October 17, 2024, after complaining of chest pains and that President William Ruto called to inquire about his condition.
While the petitioners argue this shows senior state officials were aware he was hospitalised during the Senate proceedings, the Senate and Kindiki’s legal team have questioned the credibility of the medical records and affidavits.
The court will also rule on claims of inadequate public participation, whether Parliament used the correct procedure to remove a Deputy President, and whether courts can examine the substance of impeachment charges.
Judges must further determine the legality of Kindiki’s appointment, Gachagua’s claim for compensation, and the consequences of any decision to overturn the impeachment.
Beyond Gachagua’s political future, the judgment is expected to define the limits of parliamentary power and the role of the Judiciary in politically sensitive disputes.
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