High Court schedules Gachagua impeachment cases hearings for April

Former Deputy President Rigathi Gachagua. [File, Standard] A three-judge High Court bench on Tuesday fixed hearing dates for over 40 consolidated petitions challenging the impeachment and removal of former Deputy President Rigathi Gachagua. Justices Eric Ogola, Anthony Mrima, and Freda Mugambi scheduled the substantive hearings to kick off from April 14 to 18, 2026, on a day-to-day basis. "Following consensus by all parties, the consolidated petitions will be heard on April 14, 16, 17, and 18, 2026, with further dates on May 26, 27, and 28, 2026. All sessions will commence in open court at 10:00 AM daily," Justice Ogola, who led the bench, directed. The judges also ordered all parties to file written submissions at least 14 days before the hearing to ensure the case proceeds smoothly, given the complexity and volume of the petitions. Through his legal team led by Senior Counsel Paul Muite, Gachagua is seeking declarations that the impeachment process was unconstitutional and invalid. His lawyers argue that the motion failed to meet the constitutional threshold under Article 145(1), which requires proof of serious misconduct or violation of the Constitution. Muite contended that the impeachment motion amounted to a "vicarious assault" rather than a legitimate inquiry, alleging the proceedings were marred by intimidation and undue influence on MPs. "The allegations against our client are unsubstantiated and fail to justify removal from office," Muite states. In this case, the petitioners also want the court to determine whether due process was followed by both the National Assembly and the Senate, whether there was adequate public participation, and whether Gachagua's rights under Article 50(1) were infringed. Gachagua argues that the speed of the process denied him sufficient time to prepare his defence. The petitions further contend that the one-day public participation exercise conducted before the National Assembly's impeachment vote was inadequate and fell short of constitutional standards. According to Muite, Parliament cannot proceed with post-impeachment processes without proper public participation and the involvement of the Independent Electoral and Boundaries Commission (IEBC). "This process overturned the sovereign will of the people who elected him,' the petitioners states Muite also argued there was no urgency requiring the Senate to fast-track proceedings and said Gachagua's right to health should have taken precedence. He criticised the Senate for continuing with the hearing despite Gachagua's hospitalisation at Karen Hospital. "The Speaker and Senators were aware of Gachagua's illness but still chose to proceed, denying him a fair opportunity to defend himself," Muite states in court papers. "Following a deputy president's nomination, there must be public participation in line with Articles 10 and 118 of the Constitution. The President and National Assembly are proceeding in clear disregard of these requirements," the petition reads. Gachagua also wants the court to determine whether Parliament introduced "extraneous matters" not contained in the original motion and what standard of public participation is required in impeaching a democratically elected deputy president. The Senate found Gachagua guilty on five grounds and acquitted him on six charges, with 54 senators upholding the first count on gross violation of various constitutional articles. Earlier, on October 8, 2024, the National Assembly voted to impeach him, with 281 MPs supporting the 11 charges. Gachagua described the process as a "choreographed political lynching designed to defeat the sovereign will of the Kenyan people" and prematurely end his public service career. The case lists 16 respondents, including the Attorney-General and the Speakers of the Senate and National Assembly, alongside eight interested parties led by Deputy President Prof Kithure Kindiki and the Law Society of Kenya.

High Court schedules Gachagua impeachment cases hearings for April

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