Gachagua Returns to Court in Fresh Bid to Overturn Impeachment

Democracy for the Citizens Party (DCP) leader Rigathi Gachagua has vowed to mount a fresh legal challenge against his impeachment as Deputy President, insisting the process that led to his removal from office was fraudulent and unconstitutional.

Speaking during a political rally in Bamburi, Mombasa County on Sunday, Gachagua said he had prepared what he described as a watertight case and would be heading back to court from Monday through Wednesday to file a petition seeking to nullify the impeachment.

The former Deputy President said he remained confident in the judiciary and expressed hope that the courts would deliver justice, arguing that his removal was driven by impunity rather than constitutional principles.

Gachagua maintained that the petition would challenge what he termed an illegal process and seek to expose the alleged constitutional violations that informed his ouster.

“We have faith in our judicial system that it should be able to give justice. We trust the judges will do what is right and apply the law,” he said.

He also opened up about the personal toll the impeachment had taken on his family, saying his children had initially opposed his decision to revisit the matter in court because of the humiliation they endured during the political fallout.

According to Gachagua, his family was deeply traumatised by the events surrounding his removal, but he had resolved to continue with the legal battle because of what he said was a broader fight for justice and constitutional order.

Kalonzo Backs Petition, Alleges Irregularities in Impeachment

His renewed court bid received backing from Wiper party leader Kalonzo Musyoka, who claimed the petition would reveal serious irregularities in the impeachment process, including allegations of bribery involving members of Parliament.

Kalonzo alleged that some legislators were influenced to support the impeachment, claiming some had privately admitted receiving between Ksh10 million and Ksh20 million.

He said the legal challenge would bring those claims into focus as the matter returns to court.

The fresh push comes months after the Court of Appeal, in a landmark ruling delivered on May 9, 2025, quashed Deputy Chief Justice Philomena Mwilu’s decision to appoint a three-judge bench to hear petitions challenging Gachagua’s removal.

Mwilu had appointed Justices Eric Ogolla, Anthony Mrima and Freda Mugambi to hear the case, but Gachagua’s legal team challenged the move, arguing only the Chief Justice had authority to empanel such a bench.

Following that ruling, proceedings in the constitutional petition were halted, paving the way for a fresh legal strategy by the former Deputy President.

The renewed challenge now reopens one of Kenya’s most significant constitutional and political disputes, one that has continued to shape national politics even after Gachagua’s exit from office.

His impeachment in October 2024 made him the first Deputy President in Kenya to be removed from office through impeachment under the 2010 Constitution, while also making him the shortest-serving holder of the office.

Since then, Gachagua has become a key figure in the United Opposition coalition, joining forces with leaders including Kalonzo Musyoka in efforts to build momentum against President William Ruto ahead of the 2027 General Election.

His return to court now adds a fresh legal front to an already intensifying political rivalry, with the outcome likely to carry both constitutional and political implications.

BY EMMANUEL