By Andrew Kariuki
The High Court has scheduled mid-April hearings for former Deputy President Rigathi Gachagua’s impeachment case, paving the way for the dispute to be heard before a three-judge bench.
The matter came up for mention on Tuesday, where Senior Counsel Paul Muite, appearing for Gachagua, urged the court to prioritise the case, arguing that his client bears the greatest personal and constitutional consequences stemming from the impeachment process.
Muite told the court that Gachagua had instructed him to seek the earliest possible hearing dates, noting that the former deputy president remains keen to have the legality of his removal from office conclusively determined.
He asked the bench to consider fixing the matter before the Easter recess.
After considering submissions from the parties, the court scheduled the substantive hearing for April 14, 15 and 16, 2026.
Under the adopted timetable, Gachagua will present his case on April 14, the State will respond on April 15 and any rejoinder will be heard on April 16, with proceedings set to run from 10 a.m. each day through physical court appearances.
The dates replace an earlier March hearing schedule that was revised due to the Easter vacation, with the court noting that other cases arising from the impeachment petitions will proceed independently on their own timelines.
During the same session, the bench also addressed an application filed in a separate petition by advocate Harrison Kinyanjui, who is seeking the empanelment of an expanded bench to hear matters related to the impeachment.
The court indicated that the application will be considered on February 26, 2026.
Justice Anthony Mrima stated that the court retains discretion to enlarge the bench if the need arises later in the proceedings, assuring parties that sufficient time would be allowed for service and participation should such a decision be made.
At the core of Gachagua’s claim is his assertion that his impeachment was unconstitutional and unlawfully removed him from office, resulting in financial and reputational harm.
He is seeking compensation equivalent to the remainder of the term he says he was denied, arguing that the process violated his constitutional rights.
While seeking to amend his petition in May 2025, Muite had informed the court that Gachagua intends to mount a substantive challenge to the impeachment and is urging the judges to award him the benefits he would have earned had he completed the full five-year term for which he was elected.
The High Court proceedings follow a decision by the Supreme Court of Kenya delivered on January 30, 2026.
In that ruling, a four-judge bench led by Chief Justice Martha Koome dismissed applications by both Gachagua and the National Assembly linked to the impeachment dispute, holding that the apex court lacked jurisdiction to halt the ongoing High Court proceedings.
