NAIROBI — Kenya's High Court upheld the impeachment of former Deputy President Rigathi Gachagua. The court also awarded Gachagua 50 million Kenyan shillings in damages, finding that his constitutional right to a fair hearing was violated during the process.
A three-judge bench issued the ruling on the impeachment case. The court determined that Parliament acted within its constitutional mandate during the impeachment proceedings and defined impeachment as a primary legislative function. Judges cannot substitute parliamentary judgment on the grounds for removing a deputy president, according to the ruling.
The court found that the fair hearing violation was insufficient to invalidate the impeachment. It rejected any possibility of reinstating Gachagua to office because Kithure Kindiki was lawfully appointed as Gachagua's successor. Reversing the impeachment would produce two deputy presidents simultaneously, the court ruled. Courts cannot undo an impeachment process once the vacancy has been constitutionally filled.
The fair hearing violation stemmed from the Senate's decision in October 2024 to decline adjourning impeachment proceedings while Gachagua was hospitalized. The court determined that proceeding with hearings during his hospitalization denied him a full opportunity to defend himself. Gachagua was impeached on 11 charges, including allegations that he made ethnically divisive public remarks.
The court dismissed arguments that Parliament failed to provide adequate opportunities for public participation before considering the impeachment motion, noting that the public had been given sufficient avenues to submit views on the process. Claims that parliamentary speakers compromised their neutrality were also dismissed, with the court ruling that their actions were procedural and consistent with constitutional responsibilities. Gachagua's legal representatives indicated they will appeal the High Court decision.
Gachagua was elected as deputy president alongside President William Ruto in 2022. He subsequently launched the Democracy for the Citizens Party after his removal from office. Kenyan law bars impeached leaders from contesting future elections. Gachagua and President Ruto had a political disagreement following anti-tax protests in Kenya in 2024.