Supreme Court Set to Deliver Crucial Ruling in Gachagua Impeachment Case
A four-judge bench of the apex court will determine whether a High Court panel that heard and dismissed multiple petitions challenging the impeachment process was lawfully constituted in accordance with the Constitution
By : Mweru Mbugua
The Supreme Court is expected to deliver a pivotal ruling today in the impeachment case of former Deputy President Rigathi Gachagua, whose removal from office in October 2024 triggered a series of legal challenges
A four-judge bench of the apex court will determine whether a High Court panel that heard and dismissed multiple petitions challenging the impeachment process was lawfully constituted in accordance with the Constitution
Central to the case is the question of whether the three-judge High Court bench—comprising Justices Eric Ogola, Anthony Mrima and Freda Mugambi was properly empanelled. Gachagua’s legal team has argued that Deputy Chief Justice Philomena Mwilu exceeded her constitutional authority by constituting the bench in the absence of Chief Justice Martha Koome
In October 2024, the High Court panel appointed by DCJ Mwilu lifted conservatory orders that had temporarily halted the impeachment process. This decision paved the way for Gachagua’s removal and the subsequent appointment of Kithure Kindiki by President William Ruto as Deputy President
The former deputy president’s lawyers have consistently challenged the legality of the bench, maintaining that it lacked constitutional authority and that its decisions are therefore invalid
Should the Supreme Court uphold the legitimacy of the High Court panel, the matter is expected to be remitted back to the same bench to hear substantive issues, including the extent of judicial oversight over parliamentary impeachment proceedings
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However, if the apex court finds that the bench was improperly constituted, earlier High Court decisions could be nullified, potentially reopening key legal questions surrounding the impeachment.
Gachagua was impeached by the National Assembly and removed from office by the Senate in late 2024 on grounds of gross violation of the Constitution and misconduct. He has maintained that both the impeachment process and subsequent court proceedings were riddled with procedural and constitutional irregularities
The ruling is widely anticipated as it is expected to clarify the constitutional boundaries governing the empanelment of courts and the judiciary’s role in impeachment disputes
