Supreme Court to Deliver Landmark Ruling Today on Former Deputy President Rigathi Gachagua’s Impeachment Case

The Supreme Court is set to issue a key ruling today on former Deputy President Rigathi Gachagua. He was removed from office in October 2024. A four-judge bench will decide if the High Court panel that dismissed his challenges was properly formed under the Constitution.

The main issue is whether the three-judge High Court bench; Justices Eric Ogola, Anthony Mrima, and Freda Mugambi, was lawfully empanelled. The question is whether Deputy Chief Justice Philomena Mwilu acted within her limits when she formed the bench without Chief Justice Martha Koome.

DCJ Mwilu’s panel lifted conservatory orders that had paused Gachagua’s impeachment. This allowed the process to continue. President William Ruto later appointed Kithure Kindiki as Deputy President.

Gachagua’s lawyers argue the bench lacked constitutional authority. They say the court’s composition violated judicial rules. They claim this undermined fairness in parliamentary impeachment oversight. They also argue it casts doubt on earlier High Court decisions.

If the Supreme Court upholds the bench, the disputes will continue before the same panel. This includes questions on judicial oversight of parliamentary impeachments. If the court rules the bench was wrongly formed, previous High Court decisions could be nullified. This may require revisiting key legal issues, affecting Gachagua’s removal.

Gachagua was impeached by the National Assembly and removed by the Senate for gross violations of the Constitution and misconduct. His lawyers have repeatedly challenged the process. They say the courts handling the case had flaws in their composition.

The Supreme Court ruling will set an important precedent. It could clarify limits of authority in forming benches. It may also guide future parliamentary impeachment cases. The nation awaits the decision, which could have major legal and political consequences.