Kenya's First Impeached Deputy President Takes Fight to Court
Nairobi, 27 April 2026
Rigathi Gachagua made history as Kenya’s first deputy president to be impeached in October 2024, and now he’s mounting an unprecedented legal challenge that could reshape the country’s constitutional framework. Appearing at Milimani Law Courts with his family, Gachagua claims his removal was unconstitutional and politically motivated, alleging that bribes were solicited in Parliament to support his ouster. The three-judge bench will address fundamental questions about separation of powers and judicial oversight of parliamentary proceedings, with Gachagua’s legal team expressing confidence in their ‘watertight case’ that could set crucial precedents for future impeachment processes in Kenya.
Constitutional Challenge Takes Centre Stage
The Democracy for the Citizens Party (DCP) leader arrived at Milimani Law Courts on Monday morning, accompanied by his wife Dorcas Rigathi, his two sons and his legal team for what promises to be a landmark constitutional case [1]. The matter is scheduled to be heard before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to issue directions on several pending applications and hear arguments on the substantive petition [1]. Gachagua’s legal challenge centres on fundamental arguments that the impeachment process was marred by procedural irregularities, violation of constitutional safeguards, and denial of his right to a fair hearing [1][2].
Allegations of Political Motivation and Corruption
The former Deputy President’s legal team maintains that some of the steps taken against him were politically motivated and lacked legal basis, with Gachagua himself alleging that bribes were solicited in both the National Assembly and the Senate to support his removal [1]. Speaking in Mombasa on Sunday, Gachagua expressed confidence in building what he described as a ‘watertight case’ proving he was ousted on unconstitutional grounds, whilst acknowledging the personal toll the process has taken [1]. He revealed that his children had initially opposed his decision to challenge the impeachment, citing concerns about the humiliation he had already faced during the parliamentary proceedings [1].
Complex Legal Procedural History
The current proceedings follow a convoluted legal timeline that began with Gachagua’s removal in October 2024, making him the first deputy president in Kenya’s history to be impeached [1]. On 9 May 2025, the Court of Appeal quashed a decision by Deputy Chief Justice Philomena Mwilu made on 18 October 2024 to constitute a three-judge bench to hear the petition challenging Gachagua’s removal from office [1]. The Court of Appeal ruling found that DCJ Mwilu’s appointment of the three judges was unconstitutional, arguing that only the Chief Justice has the authority to make such appointments [1]. This procedural challenge led to the High Court postponing proceedings in the constitutional petition until the current hearing [1].
Constitutional Implications and Precedent Setting
Several parties have filed applications in the matter, including requests for conservatory orders, responses from state agencies, and submissions touching on the powers of Parliament, the role of the Senate, and the constitutional threshold required in an impeachment process [1]. The case is expected to address key constitutional questions on the removal of a Deputy President, separation of powers, and judicial oversight over parliamentary proceedings [1][2]. Legal experts view this case as potentially precedent-setting for Kenya’s constitutional framework, particularly regarding the balance of power between the executive, legislative, and judicial branches in future impeachment proceedings [GPT]. The outcome could establish clearer guidelines for impeachment processes and define the extent to which courts can review parliamentary decisions on such constitutional matters [GPT].