Gachagua's Political Firestorm: Impeachment Verdict Shakes Power Corridors!

The High Court in Nairobi has upheld the impeachment of former Deputy President Rigathi Gachagua, a significant ruling that bars him from holding public office and delivers a substantial blow to his political aspirations. Despite confirming his removal, a three-judge bench, comprising Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, on Monday, June 8, awarded Gachagua Sh50 million in damages. This compensation was granted after the court determined that the Senate had violated his right to a fair hearing during the impeachment proceedings by declining to grant an adjournment to allow for the consideration of written submissions.

The bench ruled that Parliament acted within the confines of the Constitution in removing Gachagua from office, thereby dismissing various petitions that had challenged the October 2024 impeachment. The judges firmly stated that impeachment proceedings are subject to judicial scrutiny, explicitly rejecting arguments that the doctrine of separation of powers precluded the court from reviewing Parliament's actions. They found that both the National Assembly and the Senate had substantially complied with constitutional requirements, including those for public participation, and consequently dismissed claims that the overall process was invalid. The court acknowledged that localized logistical and operational challenges, which might arise in large-scale national exercises, would not be sufficient to invalidate the entire process. Furthermore, allegations of bias, predetermination, and conflict of interest leveled against parliamentary leaders and legislators were also dismissed, with Justice Ogola clarifying that the mere fact of members supporting or opposing the impeachment, standing alone, could not establish constitutional bias.

In related decisions, the court upheld the Senate's standing orders that require impeachment proceedings to be concluded within 10 days, although it did recommend amendments to these rules for future consideration. Additionally, the High Court affirmed the appointment of Deputy President Kithure Kindiki, ruling that public participation was not constitutionally mandated during his nomination and approval process, nor was clearance from the Independent Electoral and Boundaries Commission required prior to his appointment.

Rigathi Gachagua, who holds the distinction of being the first deputy president in Kenya's history to be removed through a constitutional impeachment process, notably chose to skip his own landmark court ruling. He observed the proceedings from his Karen home, accompanied by his wife Dorcas, and prominent opposition politicians Kalonzo Musyoka and Eugene Wamalwa. The day before the verdict, Gachagua had told a church service at PCEA Karen that he was braced for any outcome, stating, "I was removed from office against the law and the Constitution. The case has been heard and the verdict is tomorrow, we are ready for any outcome." Court officials had reportedly received intelligence suggesting that his supporters might converge around the Milimani Law Courts, where the three-judge bench delivered their ruling nearly 20 months after Gachagua's impeachment.

The impeachment process itself began with the National Assembly impeaching Gachagua on October 8, 2024, followed by the Senate upholding his removal on October 17. The proceedings considered 11 charges, which were grouped under three broad categories: gross violation of the constitution, commission of crimes under national and international law, and gross misconduct. Specific accusations under constitutional violations included breaching integrity and national values provisions, undermining devolution and the independence of the Judiciary, and failing to meet the leadership and integrity standards as outlined in Chapter Six of the constitution. Regarding crimes under national and international law, Gachagua was accused of violating the National Cohesion and Integration Act through conduct alleged to promote ethnic division, and of corruption and economic crimes as per the Anti-Corruption and Economic Crimes Act and the Proceeds of Crime and Anti-Money Laundering Act. Among the most severe allegations was that he had acquired unexplained wealth amounting to Sh5.2 billion within just two years. The charges of gross misconduct centered on allegations of promoting tribalism and divisive politics through ethnic-based mobilization and favouritism.

Following the High Court's judgment, Rigathi Gachagua has indicated his intention to appeal the decision. This appeal aims to challenge the verdict that currently prevents him from holding public office and significantly impedes his prospects for a political comeback.