By Andrew Kariuki
Former Deputy President Rigathi Gachagua on Monday appeared at the Milimani Law Courts for the hearing of a petition challenging his impeachment from office.
Gachagua, who now leads the Democracy for the Citizens Party (DCP), arrived at court accompanied by his wife Dorcas Rigathi, his two sons, and members of his legal team.
The matter is set before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to issue directions on pending applications and hear arguments on the substantive petition.
In his case, Gachagua contests the legality and constitutionality of the impeachment process that led to his removal, arguing that it was marred by procedural irregularities, violations of constitutional safeguards, and denial of his right to a fair hearing.
His legal team further maintains that certain actions taken against him during and after his tenure were politically driven and lacked a proper legal foundation.
The proceedings have attracted multiple applications from various parties, including requests for conservatory orders, responses from state agencies, and submissions addressing the powers of Parliament, the role of the Senate, and the constitutional threshold required in an impeachment process.
The case is expected to determine key constitutional questions on the removal of a Deputy President, the doctrine of separation of powers, and the extent of judicial oversight over parliamentary proceedings.
Speaking in Mombasa on Sunday ahead of the hearing, Gachagua expressed confidence in his case, stating that he had assembled a strong legal challenge to what he termed an unconstitutional process.
“I will be in court from tomorrow to Wednesday to file a petition challenging that illegal process. I told my children about it and they opposed it saying I faced humiliation,” he said.
The matter also stems from earlier legal developments, including a Court of Appeal decision delivered on May 9, 2025, which quashed the appointment of a three-judge bench by Deputy Chief Justice Philomena Mwilu to hear the petition. Gachagua’s legal team had argued that only the Chief Justice has the authority to constitute such a bench.
Following that ruling, the High Court had temporarily halted proceedings in the constitutional petition.
Gachagua, who was impeached in October 2024 becoming Kenya’s first Deputy President to be removed from office through impeachment, has consistently maintained that the process was flawed, and has previously alleged that it was influenced by improper conduct within both the National Assembly and the Senate.
The court is expected to give further directions as the matter proceeds.
