Court Deals Gachagua a Blow in Bid to Challenge Kindiki’s Swearing-in and Impeachment Process
Former Deputy President Rigathi Gachagua has suffered a significant legal blow after the High Court in Nairobi dismissed his attempts to overturn the swearing-in of Interior Cabinet Secretary Kithure Kindiki as the country’s new Deputy President.
In a ruling delivered on Thursday, July 31, a three-judge bench comprising Justices Anthony Mrima, Fridah Mugambi, and Eric Ogolla ruled that Gachagua’s petition had already been overtaken by events.
“These applications have been overtaken by events following the judgment by the Court of Appeal and the ruling of this court,” said Justice Mrima.
The former Deputy President had also filed a second petition requesting the recusal of the same three-judge bench from handling his impeachment petition. However, the court declined the request, emphasizing that the responsibility of selecting judges for cases rests with the Chief Justice, as provided under Article 165 of the Constitution.
“The Chief Justice has the constitutional authority to empanel judges to handle matters of public interest,” the court noted.
Gachagua had accused the judges of bias, conflict of interest, and abuse of office, but the court found no merit in the claims.
“The allegations of bias, conflict of interest, and abuse of power have not been substantiated in this case,” the ruling stated.
Following the setback, Gachagua has demanded full compensation from the government, claiming he was removed from office unlawfully before completing his term.
The court also dismissed his bid to have the case file returned to Chief Justice Martha Koome, noting that doing so without sufficient cause would amount to interference with the judicial process.
Gachagua’s efforts to disqualify Justices Mrima, Mugambi, and Ogolla came even as the judges met to organize the next phase of hearings in the impeachment case.
The court has now indicated that the various petitions challenging his removal will be consolidated for joint hearing and determination.
Gachagua was impeached in October 2024 after both the National Assembly and the Senate approved a special motion tabled by Kibwezi West MP Mwengi Mutuse.
