Gachagua appears in court to challenge impeachment

The Democracy for the Citizens Party (DCP) leader arrived at the courts on Monday, accompanied by his wife Dorcas Rigathi, his two sons and his legal team.

The matter is scheduled to be heard before a three-judge bench comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi, who are expected to issue directions on several pending applications and hear arguments on the substantive petition.

Gachagua moved to court to challenge the legality and constitutionality of the impeachment process that led to his removal from office as Deputy President.

He argues that the process was marred by procedural irregularities, violation of constitutional safeguards, and denial of his right to a fair hearing.

The petitions also question decisions and actions taken both during and after his tenure, with his legal team maintaining that some of the steps taken against him were politically motivated and lacked legal basis.

Several parties have since filed applications in the matter, including requests for conservatory orders, responses from state agencies, and submissions touching on the powers of Parliament, the role of the Senate, and the constitutional threshold required in an impeachment process.

The case is expected to address key constitutional questions on the removal of a Deputy President, separation of powers, and judicial oversight over parliamentary proceedings.

Gachagua, while speaking in Mombasa on Sunday, said he has built a watertight case proving he was ousted on unconstitutional grounds, exuding confidence in the Judiciary to grant him justice. 

"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 case arises from petitions filed by Gachagua challenging various actions taken during and after his tenure as Deputy President. Several applications have been filed in the case.

On May 9, 2025, the Court of Appeal quashed a decision by Deputy Chief Justice Philomena Mwilu made on October 18, 2024, to constitute a three-judge bench to hear a petition challenging Gachagua’s removal from office. 

DCJ Mwilu had appointed the three judges to hear the case, an action Gachagua’s legal team challenged as unconstitutional, arguing that only the Chief Justice has the authority to make such appointments. 

The High Court had since postponed proceedings in the constitutional petition involving Gachagua following the Court of Appeal decision.

Gachagua was ousted in October 2024, becoming the first deputy president of Kenya to be impeached, and has since alleged that bribes were solicited in the National Assembly and the Senate to support his removal.